Benjamin Jones v. R. Mitchell

Filing 920080624

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7719 BENJAMIN MAURICE JONES, Petitioner - Appellant, v. R. DAVID MITCHELL, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:05-cv-00248-GCM) Submitted: April 30, 2008 Decided: June 24, 2008 Before WILKINSON, NIEMEYER, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Benjamin Maurice Jones, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Benjamin Maurice Jones seeks to appeal the district court's order denying relief on his 28 U.S.C. 2254 (2000) petition. judge The order is not appealable unless a circuit justice or a certificate of appealability. See 28 U.S.C. issues 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. See Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Jones has not made the requisite showing. Accordingly, we deny a We dispense certificate of appealability and dismiss the appeal. with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED - 2 -

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