US v. Jerry Adams, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:09-cr-01365-RBH-1,4:13-cv-03461-RBH Copies to all parties and the district court/agency. [999658200]. Mailed to: Jerry Adams, Jr.. [15-6635]

Appeal: 15-6635

Doc: 9

Filed: 09/11/2015

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6635

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRY VERNON ADAMS, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:09-cr-01365-RBH-1; 4:13-cv-03461-RBH)

Submitted:

September 9, 2015

Decided:

September 11, 2015

Before SHEDD, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerry Vernon Adams, Jr., Appellant Pro Se.
Alfred William
Walker Bethea, Jr., Assistant United States Attorney, Florence,
South Carolina, Robert Frank Daley, Jr., Assistant United States
Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-6635

Doc: 9

Filed: 09/11/2015

Pg: 2 of 3

PER CURIAM:
Jerry

Vernon

Adams,

Jr.,

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
Adams has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

Appeal: 15-6635

Doc: 9

contentions

Filed: 09/11/2015

are

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.
DISMISSED

3