Eugene Jackson v. J. R. Caraway

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:11-cv-01876-WMN Copies to all parties and the district court/agency. [998813883]. Mailed to: Jackson. [11-7716]

Appeal: 11-7716

Document: 9

Date Filed: 03/20/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7716

EUGENE ERNST JACKSON,
Petitioner – Appellant,
v.
J. R. CARAWAY, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William N. Nickerson, Senior District
Judge. (1:11-cv-01876-WMN)

Submitted:

March 15, 2012

Decided:

March 20, 2012

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge

Dismissed by unpublished per curiam opinion.

Eugene Ernst Jackson, Appellant Pro Se. Joshua L. Kaul, OFFICE
OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7716

Document: 9

Date Filed: 03/20/2012

Page: 2 of 3

PER CURIAM:
Eugene

Ernst

Jackson

seeks

to

appeal

the

district

court’s order treating his 28 U.S.C.A. § 2241 (West Supp. 2011)
motion

as

a

successive

28

U.S.C.A.

§ 2255

(West

motion, and dismissing it on that basis.
appealable

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

Supp.

2011)

The order is not

or

judge

issues

a

28 U.S.C. § 2253(c)(1)(B) (2006).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

U.S.

that

the

claims

constitutional
529

by

is

473,

484

(2000); see Miller-El v. 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

motion

states

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that Jackson has not made the requisite showing.

Accordingly,

we deny a certificate of appealability and dismiss the appeal.
We

dispense

with

oral

argument
2

because

the

facts

and

legal

Appeal: 11-7716

Document: 9

Date Filed: 03/20/2012

Page: 3 of 3

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3