US v. Eric Jone
UNPUBLISHED PER CURIAM OPINION filed denying certificate of appealability. Originating case number: 5:10-cr-00228-D-1,5:13-cv-00414-D Copies to all parties and the district court. . Mailed to: Eric Jones. [16-7467]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
ERIC O. JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:10-cr-00228-D-1; 5:13-cv-00414-D)
March 14, 2017
Before FLOYD and
March 16, 2017
Dismissed by unpublished per curiam opinion.
Eric O. Jones, Appellant Pro Se.
David A. Bragdon, William
Miller Gilmore, Seth Morgan Wood, Assistant United States
Attorneys, Shailika S. Kotiya, OFFICE OF THE UNITED STATES
ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Eric O. Jones seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
When the district court denies
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Jones has not made the requisite showing.
Accordingly, we deny
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this court and argument would not aid the decisional process.
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