United States v. Jones

U.S. Court of Appeals for the Fourth Circuit

United States v. Jones

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-7425

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WILL ROGER JONES,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:00-cr-00446-FBH; 2:03-cv-03861-DCN)

Submitted: December 14, 2006 Decided: December 21, 2006

Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Will Roger Jones, Appellant Pro Se. Alston Calhoun Badger, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Will Roger Jones seeks to appeal the district court’s

order denying relief on his

28 U.S.C. § 2255

(2000) motion. The

order is not appealable unless a circuit justice or judge issues a

certificate 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 that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38

(2003); Slack v. McDaniel,

529 U.S. 473, 484

(2000); Rose v. Lee,

252 F.3d 676, 683-84

(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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Reference

Status
Unpublished