US v. Jerry Jackson, Jr.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:13-cr-00560-CMC-2,3:15-cv-00778-CMC Copies to all parties and the district court/agency. [999738663]. Mailed to: Jerry Jackson, Jr.. [15-7738]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7738
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERRY JACKSON, JR.,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, Senior
District Judge. (3:13-cr-00560-CMC-2; 3:15-cv-00778-CMC)
Submitted:
January 14, 2016
Decided:
January 20, 2016
Before AGEE, WYNN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerry Jackson, Jr., Appellant Pro Se.
Stanley D. Ragsdale,
Julius Ness Richardson, Assistant United States Attorneys,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Jerry Jackson, Jr., 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
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 Jackson’s motion for a certificate of appealability and
dismiss the appeal.
facts
and
legal
We dispense with oral argument because the
contentions
are
2
adequately
presented
in
the
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materials
before
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this
court
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and
argument
would
not
aid
the
decisional process.
DISMISSED
3
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