U.S. Court of Appeals for the Fourth Circuit, 2004

United States v. Jackson

United States v. Jackson
U.S. Court of Appeals for the Fourth Circuit · Decided August 19, 2004 · Niemeyer, Williams, Traxler
107 F. App'x 346

United States v. Jackson

Opinion

PER CURIAM:

Melvin Owens Jackson seeks to appeal the district court’s orders denying his motion filed under 28 U.S.C. § 2255 (2000) as untimely and denying a certificate of appealability. An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). When, as here, a district court dismisses a § 2255 motion solely on procedural grounds, a certificate of appealability will not issue unless the movant can demonstrate both “(1) ‘that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right’ and (2) ‘that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’” Rose v. Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001). We have independently reviewed the record and conclude that Jackson has not made the requisite showing. See Miller-El v. Cockrell, 537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). We deny a certificate of appealability and dismiss the appeal. We dis *347 pense 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

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