UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7506
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTONIO GERMAINE JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Senior District
Judge. (4:02-cr-00579-CWH; 4:06-cv-00606-CWH)
Submitted: March 29, 2007 Decided: April 3, 2007
Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Antonio Germaine Johnson, Appellant Pro Se. William Earl Day, II,
Rose Mary Parham, Assistant United States Attorneys, Florence,
South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antonio Germaine Johnson seeks to appeal the district
court’s order dismissing as untimely his 28 U.S.C. § 2255 (2000)
motion. The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (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
any assessment of the constitutional claims by the district court
is debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable. Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484
(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the record and conclude that Johnson has not
made the requisite showing. Accordingly, we deny Johnson’s motion
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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