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UNITED STATES v. JOHNSON (2021)

United States Court of Appeals, Fourth Circuit.2021-09-01No. No. 20-7886

Summary

Holding. The appeal is dismissed and a certificate of appealability is denied.

James Johnson appealed the district court's denial of his federal habeas petition filed under 28 U.S.C. § 2255. To proceed with an appeal in this context, Johnson needed to obtain a certificate of appealability by demonstrating that reasonable jurists could view the district court's constitutional analysis as debatable or incorrect. The appellate court independently examined the record and determined that Johnson failed to make the necessary showing required by precedent.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Standards for obtaining a certificate of appealability on § 2255 appeals
  • Whether reasonable jurists could find the district court's constitutional ruling debatable
  • Distinction between merits-based and procedurally-based denials in habeas review

Procedural posture

Johnson appealed the district court's denial of his § 2255 motion for post-conviction relief.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

James Johnson seeks to appeal the district courts order denying relief on his 28 U.S.C. § 2255 motion.

*

The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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 the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district courts assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773-74, 197 L.Ed.2d 1 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

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

FOOTNOTES

FOOTNOTE

.   The district court denied relief on Johnsons § 2255 motion, Fed. R. Civ. P. 60(b), (d) motion, and supplemental § 2255 motion. Johnson confines his appeal to the district courts denial of relief on his § 2255 motion.

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.