Robert Cooke v. Gene Johnson

Type

Opinion

Per curiam

Yes — no individual author

Filed

Nov. 22, 2011

Case

Robert Cooke v. Gene Johnson

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6732 ROBERT LEE COOKE, Petitioner – Appellant, v. GENE JOHNSON, Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (7:10-cv-00513-JCT-mfu) Submitted: November 17, 2011 Decided: November 22, 2011 Before KING, DAVIS, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Lee Cooke, Appellant Pro Se. Josephine Frances Whalen, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Robert Lee Cooke 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)(A) (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). When the district court denies relief on the merits, a prisoner satisfies this standard by demon…

Source Extract supplied by CourtListener. Benchlight does not host the document — read the authoritative text in the court's own PDF.