Christopher A. Woody v. Warden Robert Stevenson

U.S. Court of Appeals for the Fourth Circuit
Christopher A. Woody v. Warden Robert Stevenson, 699 F. App'x 214 (4th Cir. 2017)

Christopher A. Woody v. Warden Robert Stevenson

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

A. C. Jackson, a federal inmate, seeks to appeal the district court’s order treating his 28 p'.S.C, § 2241 (2012) petition as a successive 28 U.S.C. § 2255 (2012) motion, and dismissing the motion for lack of jurisdiction. The order is not appealable unless a circuit justice or judge issues a certifí-cate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certifícate of ap-pealability 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, 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 motion 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 Jackson has not made the requisite showing. Accordingly, we deny Jackson’s motion for a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
A. C. JACKSON, Petitioner-Appellant, v. Eric D. WILSON, Warden, FCC Petersburg, Respondent-Appellee
Cited By
4 cases
Status
Unpublished