US v. Michael Jacob
Filing
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 5:06-cr-00052-F-1, 5:16-cv-00639-F. Copies to all parties and the district court/agency [1000044119]. Mailed to: Michael H. Jacobs. [16-7719]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7719
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL H. JACOBS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:06-cr-00052-F-1; 5:16-cv-00639-F)
Submitted:
March 14, 2017
Before FLOYD and
Circuit Judge.
HARRIS,
Decided:
Circuit
Judges,
and
March 17, 2017
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Michael H. Jacobs, Appellant Pro Se.
Seth Morgan Wood, OFFICE
OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Michael
H.
Jacobs
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.
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
Jacobs 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
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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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