No. 08-8193
DWAYNE L. JOHNSON,
Petitioner - Appellant,
v.
VIRGINIA DEPARTMENT OF CORRECTIONS, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk.
Mark S. Davis, District
Judge. (2:07-cv-358)
Submitted:
Decided:
August 3, 2009
PER CURIAM:
Dwayne L. Johnson seeks to appeal the district courts
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. 2254 (2006) petition.
The
certificate
of
appealability
will
not
issue
absent
U.S.C.
standard
2253(c)(2)
by
(2006).
demonstrating
that
prisoner
reasonable
satisfies
jurists
this
would
find
Miller-El
2001).
conclude
that
We
have
Johnson
independently
has
not
reviewed
made
the
the
record
requisite
and
showing.
2244
also
(2006)
2254 petition.
attached
motion
to
to
his
file
informal
brief
successive
28
28
U.S.C.
appeal.
In order to
evidence,
not
previously
discoverable
by
due
evidence
that,
but
for
constitutional
error,
no
28 U.S.C. 2244(b)(2).
either
of
these
criteria.
Therefore,
we
deny
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED