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Ortega v. Johnson

United States Court of Appeals, Fourth Circuit
Nov 5, 2007
253 F. App'x 257 (4th Cir. 2007)

Opinion

No. 07-7080.

Submitted: October 5, 2007.

Decided: November 5, 2007.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:06-cv-00541-MHL).

Jason Ortega, Appellant pro se. Eugene Paul Murphy, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

Before NIEMEYER, KING, and DUNCAN, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Jason Ortega seeks to appeal the magistrate judge's order denying relief on his 28 U.S.C. § 2254 (2000) petition. 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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-54 (4th Cir. 2001). We have independently reviewed the record and conclude that Ortega has not made the requisite showing. Accordingly, we deny 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.

The parties consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c) (2000).

DISMISSED.


Summaries of

Ortega v. Johnson

United States Court of Appeals, Fourth Circuit
Nov 5, 2007
253 F. App'x 257 (4th Cir. 2007)
Case details for

Ortega v. Johnson

Case Details

Full title:Jason ORTEGA, Petitioner-Appellant, v. Gene M. JOHNSON, Director of VDOC…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 5, 2007

Citations

253 F. App'x 257 (4th Cir. 2007)