David Jones v. Daniel Mahon

Filing 920100624

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7994 DAVID ANTHONY JONES, a/k/a David Aziz Shabazz, Petitioner Appellant, v. DANIEL T. MAHON, Warden, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (1:09-cv-00920-GBL-IDD) Submitted: June 17, 2010 Decided: June 24, 2010 Before MOTZ and Circuit Judge. KING, Circuit Judges, and HAMILTON, Senior Dismissed by unpublished per curiam opinion. David Anthony Jones, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David court's order Anthony denying Jones relief seeks on his to 28 appeal U.S.C. the district (2006) 2254 petition. The order is not appealable unless a circuit justice See 28 U.S.C. or judge issues a certificate of appealability. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing of the denial of a substantial constitutional right." 28 U.S.C. 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. 484 (2000); see Miller-El v. Slack v. McDaniel, 529 U.S. 473, Cockrell, 537 U.S. 322, 336-38 (2003). When 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. 529 U.S. at 484-85. and conclude that Slack, We have independently reviewed the record Jones has not made the 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 2 before the court and argument would not aid the decisional process. DISMISSED 3

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