United States v. Jenkins
United States v. Jenkins
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 03-7496
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SCOTTIE JENKINS,
Defendant - Appellant.
No. 03-7497
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
SCOTTIE JENKINS,
Defendant - Appellant.
Appeals from the United States District Court for the District of South Carolina, at Spartanburg. G. Ross Anderson, Jr., District Judge. (CR-99-769; CA-03-131-7-13AK)
Submitted: February 12, 2004 Decided: February 20, 2004
Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion.
Scottie Jenkins, Appellant Pro Se. Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
- 2 - PER CURIAM:
In these consolidated appeals, Scottie Jenkins seeks to
appeal the district court’s order accepting the recommendation of
the magistrate judge and denying relief on his motion filed under
28 U.S.C. § 2255(2000), and the district court’s order denying his
Fed. R. Civ. P. 59(e) motion for reconsideration. The order is
appealable only if 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 his constitutional claims are debatable and
that any dispositive procedural rulings by the district court are
also debatable or wrong. See Miller-El v. Cockrell,
537 U.S. 322, 336(2003); Slack v. McDaniel,
529 U.S. 473, 484(2000); Rose v.
Lee,
252 F.3d 676, 683(4th Cir. 2001). We have independently
reviewed the record and conclude that Jenkins has not made the
requisite showing. Accordingly, we deny a certificate of
appealability and dismiss the appeals. 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.
DISMISSED
- 3 -
Reference
- Status
- Unpublished