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56 F. App'x 187

Johnson v. United States

U.S. Courts of Appeals

Decided February 27, 2003

U.S. Courts of Appeals · decided 2003-02-27

Applies 28 U.S.C. § 2253 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Dismissed by unpublished PER CURIAM opinion · Decided 2003-02-27

PER CURIAM.

¶1 John Henry Johnson seeks to appeal the district court’s orders denying relief on his Fed.R.Civ.P. 60(b) motion, which the district court construed as a petition filed under 28 U.S.C. § 2254 (2000), and denying his motion for reconsideration. We have reviewed the record and conclude on the reasoning of the district court that Johnson has not made a substantial showing of the denial of a constitutional right. See Johnson v. United States, No. CA-99-892-7 (W.D.Va. June 20, 2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. See 28 U.S.C. § 2253(c) (2000). 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.

¶2 DISMISSED.

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