United States v. Marcus Jones

U.S. Court of Appeals for the Fourth Circuit
United States v. Marcus Jones, 553 F. App'x 349 (4th Cir. 2014)

United States v. Marcus Jones

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7461

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MARCUS DEWAYNE JONES, a/k/a LB, a/k/a Pounds, a/k/a Marcus Dwayne Jones,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:10-cr-00524-CMC-1; 3:13-cv-00353-CMC)

Submitted: January 30, 2014 Decided: February 5, 2014

Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Marcus Dewayne Jones, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, James Chris Leventis, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Marcus Dewayne Jones seeks to appeal the district

court’s order denying relief on his

28 U.S.C. § 2255

(2012)

motion. The order is not appealable unless a circuit justice or

judge issues a certificate of appealability.

28 U.S.C. § 2253

(c)(1)(B) (2012). 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) (2012). 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

(2000); see Miller-El v. Cockrell,

537 U.S. 322, 336-38

(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 motion states a

debatable claim of the denial of a constitutional right. Slack,

529 U.S. at 484-85

.

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

2 contentions are adequately presented in the materials before

this court and argument would not aid the decisional process.

DISMISSED

3

Reference

Status
Unpublished