US v. Jonathan Mathis

Filing 920081119

Opinion

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6871 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JONATHAN JOSEPH MATHIS, Defendant Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (6:06-cr-00815-HMH-1; 6:08-cv-70034-HMH) Submitted: November 13, 2008 Decided: November 19, 2008 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by published per curiam opinion. Jeffrey Falkner Wilkes, Greenville, South Carolina, for Appellant. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jonathan Joseph Mathis seeks to appeal the district court's orders denying relief on his 28 U.S.C. 2255 (2000) motion and his motion for reconsideration. appealable unless a circuit justice or The orders are not judge issues a A "a certificate of appealability. certificate of appealability 28 U.S.C. 2253(c)(1) (2000). will not issue absent substantial showing of the denial of a constitutional right." 28 U.S.C. by 2253(c)(2) (2000). that A prisoner satisfies would this find standard demonstrating reasonable jurists 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. 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 record (4th and Cir. 2001). that We have independently not made reviewed the the conclude Mathis has requisite showing. Accordingly, we deny Mathis's motion for a certificate We also deny Mathis's with oral argument of appealability and dismiss the appeal. motion for limited remand. We dispense because the facts and legal contentions are adequately presented 2 in the materials before the court and argument would not aid the decisional process. DISMISSED 3

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