Clem v. Johnson, 040710 FED4, 09-7650
|Opinion Judge:||PER CURIAM|
|Party Name:||JASON RICHARD-CHARLES CLEM, Petitioner - Appellant, v. GENE JOHNSON, Respondent - Appellee.|
|Attorney:||Jason Richard-Charles Clem, Appellant Pro Se. Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.|
|Judge Panel:||Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.|
|Case Date:||April 07, 2010|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Submitted: February 25, 2010.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke, 7:09-cv-00015-sgw-mfu, Samuel G. Wilson, District Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Jason Richard-Charles Clem seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2006). 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) (2006). 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. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel...
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