U.S. Court of Appeals for the Fourth Circuit, 2023

United States v. Chad Jackson

United States v. Chad Jackson
U.S. Court of Appeals for the Fourth Circuit · Decided April 27, 2023

United States v. Chad Jackson

Opinion

USCA4 Appeal: 21-7383 Doc: 7 Filed: 04/27/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-7383

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CHAD LAQUANN JACKSON, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:16-cr-00333-WO-1; 1:18-cv- 00220-WO-JLW)

Submitted: April 25, 2023 Decided: April 27, 2023

Before GREGORY, Chief Judge, THACKER, Circuit Judge, and MOTZ, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Chad Laquann Jackson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 21-7383 Doc: 7 Filed: 04/27/2023 Pg: 2 of 2

PER CURIAM: Chad Laquann Jackson seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on Jackson’s 28 U.S.C. § 2255 motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17 (2017). 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. Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).

Limiting our review of the record to the issues raised in Jackson’s informal brief, see 4th Cir. R. 34(b); see also Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”), we conclude that Jackson has not made the requisite showing. Accordingly, we deny Jackson’s motion for 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 this court and argument would not aid the decisional process.

DISMISSED

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