Filed: Sep. 12, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6564 RODNEY MOUCELL JONES, Petitioner - Appellant, v. KIERAN J. SHANAHAN, Secretary, North Carolina Department of Public Safety, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Robert J. Conrad, Jr., District Judge. (1:12-cv-00304-RJC) Submitted: August 28, 2014 Decided: September 12, 2014 Before WILKINSON, KING, and SHEDD, Circuit Judges. Dismiss
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6564 RODNEY MOUCELL JONES, Petitioner - Appellant, v. KIERAN J. SHANAHAN, Secretary, North Carolina Department of Public Safety, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Robert J. Conrad, Jr., District Judge. (1:12-cv-00304-RJC) Submitted: August 28, 2014 Decided: September 12, 2014 Before WILKINSON, KING, and SHEDD, Circuit Judges. Dismisse..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6564
RODNEY MOUCELL JONES,
Petitioner - Appellant,
v.
KIERAN J. SHANAHAN, Secretary, North Carolina Department of
Public Safety,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Robert J. Conrad,
Jr., District Judge. (1:12-cv-00304-RJC)
Submitted: August 28, 2014 Decided: September 12, 2014
Before WILKINSON, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rodney Moucell Jones, Appellant Pro Se. Clarence Joe DelForge,
III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rodney Moucell Jones seeks to appeal the district
court’s order denying relief on his 28 U.S.C. § 2254 (2012)
petition. The order is not appealable unless a circuit justice
or judge issues a certificate of appealability. See 28 U.S.C.
§ 2253(c)(1)(A) (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 petition 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 Jones 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
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contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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