US v. Jimmy Jones

Filing 920090112

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8253

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY JONES, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:02-cr-01017-TLW-1; 4:06-cv-70021-TLW)

Submitted:

December 16, 2008

Decided:

January 12, 2009

Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jimmy Jones, Appellant Pro Se. Rose Mary Sheppard Parham, Assistant United States Attorney, Florence, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jimmy Jones seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2255 (2000) motion. The order

is not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of appealability 28 U.S.C. § 2253(c)(1) (2000). will not issue absent A "a

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 (4th Cir. 2001). that We have independently has not made reviewed the the record and

conclude

Jones

requisite

showing.

Accordingly, we deny 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 the court and argument would not aid the decisional

process. DISMISSED

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