United States v. Jarvis

U.S. Court of Appeals for the Fourth Circuit
United States v. Jarvis, 155 F. App'x 726 (4th Cir. 2005)

United States v. Jarvis

Opinion

PER CURIAM:

Douglas Alan Jarvis seeks to appeal the district court’s order dismissing his motion for modification of sentence, which the district court construed as a successive 28 U.S.C. § 2255 (2000) motion and dismissed for lack of jurisdiction, and a subsequent order denying his motion for reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. *727 § 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 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, 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 Jarvis 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
UNITED STATES of America, Plaintiff—Appellee, v. Douglas Alan JARVIS, Defendant—Appellant
Status
Unpublished