US v. Rico Joy

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:06-cr-01317-TLW-6,4:14-cv-02187-TLW Copies to all parties and the district court/agency. [999460221]. Mailed to: Rico Jaruiase Joy. [14-7276]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7276

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
RICO JARUIASE JOY,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Terry L. Wooten, Chief District
Judge. (4:06-cr-01317-TLW-6; 4:14-cv-02187-TLW)

Submitted:

October 16, 2014

Decided:

October 22, 2014

Before MOTZ, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rico Jaruiase Joy, Appellant Pro Se. Robert Frank Daley, Jr.,
Assistant United States Attorney, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rico Jaruiase Joy seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2012).

of

appealability.

28

U.S.C.

§ 2253(c)(1)(B)

A certificate of 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.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

that

the

claims

constitutional
529

by

is

U.S.

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 Joy has not made the requisite showing.

The district court

lacked jurisdiction to consider Joy’s motion to vacate because
it was a successive and unauthorized § 2255 motion.
absence

of

pre-filing

authorization

from

this

In the

court,

the

district court lacks jurisdiction to hear a successive § 2255
2

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motion.

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See 28 U.S.C. § 2244(b)(3) (2012).

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3