United States v. Jones

U.S. Court of Appeals for the Fourth Circuit
United States v. Jones, 113 F. App'x 572 (4th Cir. 2004)

United States v. Jones

Opinion

PER CURIAM:

Bryant Jones seeks to appeal the district court’s order denying his motion for a certificate of appealability to appeal the court’s denial of relief on his motion filed under 28 U.S.C. § 2255 (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, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Jones has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the *573 facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Bryant JONES, Defendant-Appellant
Status
Unpublished