Jones v. Commissioner of Corrections

U.S. Court of Appeals for the Fourth Circuit
Jones v. Commissioner of Corrections, 120 F. App'x 482 (4th Cir. 2005)

Jones v. Commissioner of Corrections

Opinion

*483 PER CURIAM:

Adrian Jones seeks to appeal the district court’s order dismissing without prejudice his 28 U.S.C. § 2254 (2000) petition for failure to exhaust state remedies. The oi’der is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); see Reid v. Angelone, 369 F.3d 363 (4th Cir. 2004). A certifícate 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 the district court’s assessment of his constitutional claims is 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, 336-38, 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 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
Adrian JONES, Petitioner—Appellant, v. COMMISSIONER OF CORRECTIONS; Attorney General for the State of Maryland, Respondents—Appellees
Status
Unpublished