US v. Deron Jone
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:05-cr-00076-JPJ-RSB-1,1:12-cv-80543-JPJ-RSB Copies to all parties and the district court/agency. [999474172]. Mailed to: Deron Jones. [14-7081]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7081
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DERON FITZGERALD JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:05-cr-00076-JPJ-RSB-1; 1:12-cv-80543-JPJ-RSB)
Submitted:
November 10, 2014
Decided:
November 13, 2014
Before MOTZ, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Deron Fitzgerald Jones, Appellant Pro Se.
Jennifer R.
Bockhorst, Zachary T. Lee, Assistant United States Attorneys,
Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Deron Fitzgerald Jones seeks to appeal the district
court’s orders denying relief on his 28 U.S.C. § 2255 (2012)
motion and denying his motion for reconsideration.
The orders
are not appealable unless a circuit justice or judge issues a
certificate of appealability.
A
certificate
of
28 U.S.C. § 2253(c)(1)(B) (2012).
appealability
will
not
issue
absent
“a
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief
on
the
demonstrating
district
merits,
that
court’s
debatable
or
a
When the district court denies
prisoner
reasonable
assessment
wrong.
satisfies
jurists
would
of
the
v.
McDaniel,
Slack
this
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 Jones has not made the requisite showing.
Accordingly, we
deny a certificate of appealability and dismiss the appeal.
dispense
with
oral
argument
because
2
the
facts
and
We
legal
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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