Michael Jones v. Mary Locklear

U.S. Court of Appeals for the Fourth Circuit

Michael Jones v. Mary Locklear

Opinion

USCA4 Appeal: 24-6733 Doc: 10 Filed: 11/22/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6733

MICHAEL CONTREZ JONES,

Petitioner - Appellant,

v.

WARDEN MARY LOCKLEAR,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:24-hc-02110-BO-RJ)

Submitted: November 19, 2024 Decided: November 22, 2024

Before QUATTLEBAUM, RUSHING, and BENJAMIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Contrez Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6733 Doc: 10 Filed: 11/22/2024 Pg: 2 of 2

PER CURIAM:

Michael Contrez Jones seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2254

petition as successive and unauthorized. The order is not appealable unless

a circuit justice or judge issues a certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(A). 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, as here, 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. Gonzalez v. Thaler,

565 U.S. 134, 140-41

(2012) (citing

Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

We have independently reviewed the record and conclude that Jones has not made

the requisite showing. Accordingly, we deny Jones’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

2

Reference

Status
Unpublished