U.S. Court of Appeals for the Fourth Circuit, 2010

Jones v. Mathena

Jones v. Mathena
U.S. Court of Appeals for the Fourth Circuit · Decided July 19, 2010 · Shedd, Davis, Hamilton
388 F. App'x 300

Jones v. Mathena

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding pi*ecedent in this circuit.

PER CURIAM:

William T. Jones, Jr., seeks to appeal the district court’s orders denying relief on his 28 U.S.C. § 2254 (2006) petition and denying reconsideration. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2006). A cer-tifícate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Jones has not made the requisite showing. Accordingly, we deny a certificate of ap-pealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately *301 presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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