UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7786
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GREGORY C. JOHNSON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CR-01-56; CA-04-112-7)
Submitted: February 24, 2005 Decided: March 8, 2005
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gregory C. Johnson, Jr., Appellant Pro Se. Frank DeArmon Whitney,
United States Attorney, Raleigh, North Carolina; Mark J. Griffith,
MARINE CORPS BASE, Camp Lejeune, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gregory C. Johnson, Jr., seeks to appeal the district
court’s order denying relief on his motion filed under 28 U.S.C.
§ 2255 (2000). The order is not appealable unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(l) (2000). 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) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find that
his constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (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 Johnson has not made the requisite
showing. Accordingly, we deny Johnson’s motions for stay 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 the court and
argument would not aid the decisional process.
DISMISSED
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