A. Jackson v. Eric Wilson
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000133360-2]; denying Motion certificate of appealability (Local Rule 22(a)) [1000119312-2] Originating case number: 1:17-cv-00713-TSE-IDD Copies to all parties and the district court/agency. . Mailed to: A. C. Jackson. [17-6900]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
A. C. JACKSON,
Petitioner - Appellant,
ERIC D. WILSON, Warden, FCC Petersburg,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T.S. Ellis, III, Senior District Judge. (1:17-cv-00713-TSE-IDD)
Submitted: October 17, 2017
Decided: October 20, 2017
Before FLOYD and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
A. C. Jackson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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A. C. Jackson, a federal inmate, seeks to appeal the district court’s order treating
his 28 U.S.C. § 2241 (2012) petition as a successive 28 U.S.C. § 2255 (2012) motion, and
dismissing the motion for lack of jurisdiction. 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 Jackson has not
made the requisite showing. Accordingly, we deny Jackson’s motion for a certificate of
appealability, deny leave to proceed in forma pauperis, 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
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