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    United States v. Charlotte Johnson, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charlotte Johnson's appeal of the district court's denial of her 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Johnson did not make a substantial showing that she was denied a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

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    United States v. Charlotte Johnson, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charlotte Johnson's appeal of the district court's denial of her 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Johnson did not make a substantial showing that she was denied a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

    Original Description:

    Filed: 2014-04-29 Precedential Status: Non-Precedential Docket: 13-7926

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charlotte Johnson's appeal of the district court's denial of her 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Johnson did not make a substantial showing that she was denied a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

    Copyright:

    Public Domain
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    5 views3 pages

    United States v. Charlotte Johnson, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Charlotte Johnson's appeal of the district court's denial of her 28 U.S.C. § 2255 motion. The court independently reviewed the record and determined that Johnson did not make a substantial showing that she was denied a constitutional right, as is required to issue a certificate of appealability. Therefore, the court denied the certificate and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-7926

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    CHARLOTTE JOHNSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Newport News.
    Rebecca Beach Smith,
    Chief District Judge.
    (4:11-cr-00109-RBS-FBS-1; 4:13-cv-00111RBS)

    Submitted:

    April 17, 2014

    Decided:

    April 29, 2014

    Before KEENAN, WYNN, and THACKER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Charlotte Johnson, Appellant Pro Se. Eric Matthew Hurt,


    Assistant United States Attorney, Newport News, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Charlotte Johnson seeks to appeal the district courts
    order denying relief on her 28 U.S.C. 2255 motion.

    The order

    is not appealable unless a circuit justice or judge issues a


    certificate of appealability.
    certificate

    of

    28 U.S.C. 2253(c)(1)(B).

    appealability

    will

    not

    issue

    absent

    A
    a

    substantial showing of the denial of a constitutional right.


    28 U.S.C. 2253(c)(2).
    on

    the

    merits,

    demonstrating
    district

    that

    courts

    debatable

    or

    When the district court denies relief

    prisoner

    satisfies

    reasonable

    assessment

    wrong.

    Slack

    jurists

    this

    would

    of

    the

    v.

    McDaniel,

    standard

    find

    constitutional
    529

    U.S.

    by

    that

    the

    claims

    is

    473,

    484

    (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


    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

    claim of the denial of a constitutional right.

    debatable

    Slack, 529 U.S.

    at 484-85.
    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

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