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    Winston v. Johnson, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John D. Winston, III, a state prisoner seeking relief under 28 U.S.C. § 2254. The district court had denied Winston's § 2254 petition. The Court of Appeals will not issue a certificate of appealability absent a substantial showing that constitutional rights were denied. The court independently reviewed the record and determined that Winston did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

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    Winston v. Johnson, 4th Cir. (2005)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John D. Winston, III, a state prisoner seeking relief under 28 U.S.C. § 2254. The district court had denied Winston's § 2254 petition. The Court of Appeals will not issue a certificate of appealability absent a substantial showing that constitutional rights were denied. The court independently reviewed the record and determined that Winston did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

    Original Description:

    Filed: 2005-03-29 Precedential Status: Non-Precedential Docket: 04-7540

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John D. Winston, III, a state prisoner seeking relief under 28 U.S.C. § 2254. The district court had denied Winston's § 2254 petition. The Court of Appeals will not issue a certificate of appealability absent a substantial showing that constitutional rights were denied. The court independently reviewed the record and determined that Winston did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    0 views2 pages

    Winston v. Johnson, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from John D. Winston, III, a state prisoner seeking relief under 28 U.S.C. § 2254. The district court had denied Winston's § 2254 petition. The Court of Appeals will not issue a certificate of appealability absent a substantial showing that constitutional rights were denied. The court independently reviewed the record and determined that Winston did not make the requisite showing to warrant a certificate of appealability. Therefore, the court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7540

    JOHN D. WINSTON, III,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director of the VDOC,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. T. S. Ellis, III, District
    Judge. (CA-04-40-AM)

    Submitted:

    March 24, 2005

    Decided:

    March 29, 2005

    Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    John D. Winston, III, Appellant Pro Se. Alice Theresa Armstrong,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John D. Winston, III, a state prisoner, seeks to appeal
    the district courts order denying relief on his petition filed
    under 28 U.S.C. 2254 (2000).

    An appeal may not be taken from the

    final order in a 2254 proceeding unless a circuit justice or


    judge

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(l) (2000). A certificate of appealability will not issue


    for claims addressed by a district court absent a substantial
    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    prisoner

    satisfies

    this

    28 U.S.C.
    standard

    by

    demonstrating that reasonable jurists would find both that the


    district

    courts

    assessment

    of

    his

    constitutional

    claims

    is

    debatable or wrong and that any dispositive procedural rulings by


    the district court are also debatable or wrong.

    See Miller-El v.

    Cockrell, 537 U.S. 322, 338 (2003); Slack v. McDaniel, 529 U.S.
    473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Winston
    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 -

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