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United States v. Johnson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 14, 2015
616 F. App'x 66 (4th Cir. 2015)

Opinion

No. 15-7020

09-14-2015

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLETTE DUFRAY JOHNSON, a/k/a Charlotte Johnson, Defendant - Appellant.

Charlette Dufray Johnson, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.


UNPUBLISHED Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (7:10-cr-00093-BR-1; 7:15-cv-00063) Before SHEDD, WYNN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Charlette Dufray Johnson, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Charlette Dufray Johnson seeks to appeal the district court's order denying relief on her 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent "a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that Johnson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED


Summaries of

United States v. Johnson

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 14, 2015
616 F. App'x 66 (4th Cir. 2015)
Case details for

United States v. Johnson

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHARLETTE DUFRAY…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Sep 14, 2015

Citations

616 F. App'x 66 (4th Cir. 2015)