Smith v. Johnson , 241 F. App'x 979 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-6415
    CHRIS B. SMITH,
    Petitioner - Appellant,
    versus
    GENE   M.    JOHNSON,    Director;   VIRGINIA,
    Commonwealth of,
    Respondents - Appellees.
    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.   Jackson L. Kiser, Senior
    District Judge. (7:06-cv-00433-JLK)
    Submitted:   September 13, 2007       Decided:   September 18, 2007
    Before GREGORY and DUNCAN, Circuit Judges, and WILKINS, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Chris B. Smith, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Chris B. Smith, a state prisoner, seeks to appeal the
    district court’s order denying relief on his 
    28 U.S.C. § 2254
    (2000) petition.    The order is not appealable unless a circuit
    justice or judge issues a certificate of appealability.    
    28 U.S.C. § 2253
    (c)(1) (2000). 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) (2000).   A prisoner satisfies this
    standard by demonstrating that reasonable jurists would find that
    any assessment of the constitutional claims by the district court
    is debatable or wrong and that any dispositive procedural ruling by
    the district court is likewise debatable.    Miller-El v. Cockrell,
    
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484
    (2000); Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).   We have
    independently reviewed the record and conclude that Smith 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 the court and argument would not
    aid the decisional process.
    DISMISSED
    - 2 -
    

Document Info

Docket Number: 07-6415

Citation Numbers: 241 F. App'x 979

Judges: Duncan, Gregory, Per Curiam, Wilkins

Filed Date: 9/18/2007

Precedential Status: Non-Precedential

Modified Date: 8/7/2023