U.S. Court of Appeals for the Fourth Circuit, 2006

United States v. Jones

United States v. Jones
U.S. Court of Appeals for the Fourth Circuit · Decided February 21, 2006 · Michael, Duncan, Hamilton
167 F. App'x 965

United States v. Jones

Opinion

PER CURIAM:

Michael Allen Jones, a federal prisoner, seeks to appeal the district court’s order granting summary judgment to the Government and denying relief on his motion under 28 U.S.C. § 2255 (2000). The order is not appealable unless this Court issues a *966 certifícate 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 the district court’s assessment of his constitutional claims 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 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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