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Fourth Circuit Dismisses Appeal

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Anton Johnson v. Justin Andrews. The court dismissed Johnson's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Johnson had not made the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability, denied Johnson's request to proceed in forma pauperis, and dismissed the appeal.

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48 views3 pages

Fourth Circuit Dismisses Appeal

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit in the case of Anton Johnson v. Justin Andrews. The court dismissed Johnson's appeal of the district court's denial of his 28 U.S.C. § 2241 habeas corpus petition. The court determined that Johnson had not made the requisite showing to obtain a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denied a certificate of appealability, denied Johnson's request to proceed in forma pauperis, and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 13-7730

ANTON JOHNSON,
Petitioner - Appellant,
v.
JUSTIN ANDREWS,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:12-hc-02300-BO)

Submitted:

February 27, 2014

Decided:

March 4, 2014

Before NIEMEYER, KING, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anton Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Anton Johnson, a District of Columbia Code offender,
seeks to appeal the district courts order denying relief on his
28 U.S.C. 2241 (2012) petition.
unless

circuit

appealability.

justice

or

The order is not appealable

judge

issues

certificate

28 U.S.C. 2253(c)(1)(A) (2012).

of

A certificate

of appealability will not issue absent a substantial showing of


the denial of a constitutional right.
(2012).

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

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

courts

assessment of the constitutional claims is debatable or wrong.


Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
is

debatable, and that the petition states a debatable claim of the


denial of a constitutional right.

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, deny leave to proceed in


forma pauperis, 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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