US v. Jonathan Jimenez
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 5:01-cr-30058-SGW-6,5:13-cv-80564-SGW-RSB Copies to all parties and the district court/agency. [999181388]. Mailed to: Jonathan Jimenez. [13-6651]
Appeal: 13-6651
Doc: 8
Filed: 08/27/2013
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6651
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN JIMENEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg.
Samuel G. Wilson,
District Judge. (5:01-cr-30058-SGW-6; 5:13-cv-80564-SGW-RSB)
Submitted:
August 22, 2013
Decided:
August 27, 2013
Before MOTZ, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jonathan Jimenez, Appellant Pro Se.
Jeb Thomas Terrien,
Assistant United States Attorney, Harrisonburg, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 13-6651
Doc: 8
Filed: 08/27/2013
Pg: 2 of 3
PER CURIAM:
Jonathan Jimenez seeks to appeal the district court’s
order
dismissing
Supp.
2013)
as
successive
motion.
The
order
his
28
is
U.S.C.A.
not
§ 2255
appealable
(West
unless
a
circuit justice or judge issues a certificate of appealability.
28
U.S.C.
§ 2253(c)(1)(B)
(2006).
A
certificate
of
appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
prisoner
satisfies
this
jurists
would
reasonable
standard
find
by
that
demonstrating
the
district
that
court’s
assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies
relief
demonstrate
on
both
procedural
that
the
When the district court
grounds,
dispositive
the
prisoner
procedural
must
ruling
is
debatable, and that the motion states a debatable claim of the
denial of a constitutional right.
Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Jimenez 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: 13-6651
Doc: 8
contentions
Filed: 08/27/2013
are
adequately
Pg: 3 of 3
presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?