Johnson v. Green

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6323 LOUIS C. JOHNSON, Petitioner - Appellant, versus FREDERICK GREEN, Warden, Brunswick Correction- al Center; JAMES S. GILMORE, III, Attorney General for the Commonwealth of Virginia, Respondents - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-97-264) Submitted: November 19, 1998 Decided: December 1, 1998 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Edwin Frederick Brooks, JACKSON, PICKUS & ASSOCIATES, Richmond, Virginia, for Appellant. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Louis C. Johnson seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Johnson v. Green, No. CA-97-264 (E.D. Va. Feb. 5, 1998).* We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED * Johnson filed the subject petition on April 11, 1997, within the one-year limitations period of 28 U.S.C.A. § 2244(d) (West Supp. 1998). See Brown v. Angelone, 150 F.3d 370, 375 (4th Cir. 1998). 2