Norman Johnson v. Rick White

U.S. Court of Appeals for the Fourth Circuit

Norman Johnson v. Rick White

Opinion

USCA4 Appeal: 23-6925 Doc: 18 Filed: 12/19/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6925

NORMAN TRENT JOHNSON,

Petitioner - Appellant,

v.

RICK WHITE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:23-cv-00473-HEH-MRC)

Submitted: December 14, 2023 Decided: December 19, 2023

Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Norman Trent Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6925 Doc: 18 Filed: 12/19/2023 Pg: 2 of 2

PER CURIAM:

Norman Trent Johnson seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2254

petition as an unauthorized, successive § 2254 petition. The order is not

appealable unless a circuit justice or judge issues a certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(A). 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). When, as here,

the district court denies relief on procedural grounds, the prisoner must demonstrate both

that the dispositive procedural ruling is debatable and that the petition states a debatable

claim of the denial of a constitutional right. Gonzalez v. Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

We have independently reviewed the record and conclude that Johnson has not

made the requisite showing. Accordingly, we deny Johnson’s motions to amend the

judgment and for 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

2

Reference

Status
Unpublished