US v. Lavern Jacob
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:04-cr-00277-RLV-DCK-1,3:16-cv-00602-RLV Copies to all parties and the district court/agency. [1000159503]. Mailed to: Lavern Jacobs. [17-6263]
Appeal: 17-6263
Doc: 6
Filed: 09/21/2017
Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6263
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAVERN JUNIOR JACOBS,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte. Richard L. Voorhees, District Judge. (3:04-cr-00277-RLV-DCK-1; 3:16cv-00602-RLV)
Submitted: August 31, 2017
Decided: September 21, 2017
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Lavern Junior Jacobs, Appellant Pro Se. Keith Michael Cave, OFFICE OF THE
UNITED STATES ATTORNEY, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 17-6263
Doc: 6
Filed: 09/21/2017
Pg: 2 of 2
PER CURIAM:
Lavern Junior 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 of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
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). When the district court denies
relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable
jurists would find that the district court’s assessment of the constitutional claims is
debatable or wrong. Slack v. McDaniel, 529 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 a debatable claim of the denial of a
constitutional right. Slack, 529 U.S. at 484-85.
We have independently reviewed the record and conclude that Jacobs has not
made the requisite showing. Accordingly, we deny a certificate of appealability and
dismiss the appeal.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
DISMISSED
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?