Robertson v. Johnson

U.S. Court of Appeals for the Fourth Circuit
Robertson v. Johnson, 146 F. App'x 670 (4th Cir. 2005)

Robertson v. Johnson

Opinion

PER CURIAM:

Issac Jermaine Harris seeks to appeal the magistrate judge’s order and judgment denying relief on his 28 U.S.C. § 2254 (2000) petition. * The order is not appeal-able 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 both that the magistrate judge’s assessment of the constitutional claims is debatable or wrong and that any dispositive procedural rulings by the magistrate judge are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the rec *671 ord and conclude Harris 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

*

The case was decided by a magistrate judge with the parties' consent. See 28 U.S.C. § 636(c) (2000).

Reference

Full Case Name
Issac Jermaine HARRIS, Petitioner—Appellant, v. Gene M. JOHNSON, Director, Virginia Department of Corrections, Respondent—Appellee
Status
Unpublished