U.S. Court of Appeals for the Fourth Circuit, 2012

United States v. Charlette Johnson

United States v. Charlette Johnson
U.S. Court of Appeals for the Fourth Circuit · Decided October 12, 2012 · Wilkinson, Gregory, Agee
484 F. App'x 847

United States v. Charlette Johnson

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charlette Dufray Johnson seeks to appeal the district court’s order dismissing without prejudice her 28 U.S.C.A. § 2255 (West Supp. 2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(c)(1)(B) (2006). 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). We have independently reviewed the record and conclude that Johnson has not made the requisite showing. Accordingly, we deny a certificate of ap-pealability 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.

*

Because Johnson's § 2255 motion was dismissed without prejudice as premature, she is not precluded from filing a timely § 2255 motion after her convictions and sentence become final.

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