Filed: Mar. 05, 2008
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7410 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARION WAYNE JORDAN, Defendant - Appellant. No. 07-7728 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID MICHAEL JORDAN, Defendant - Appellant. Appeals from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, District Judge. (4:02-cr-70082-nkm-1; 4:02-cr-70082-nkm-2; 7:06-cv-00115-nkm; 7:06- cv-00381-nkm-mfu) Submi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7410 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARION WAYNE JORDAN, Defendant - Appellant. No. 07-7728 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID MICHAEL JORDAN, Defendant - Appellant. Appeals from the United States District Court for the Western District of Virginia, at Roanoke. Norman K. Moon, District Judge. (4:02-cr-70082-nkm-1; 4:02-cr-70082-nkm-2; 7:06-cv-00115-nkm; 7:06- cv-00381-nkm-mfu) Submit..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7410
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARION WAYNE JORDAN,
Defendant - Appellant.
No. 07-7728
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID MICHAEL JORDAN,
Defendant - Appellant.
Appeals from the United States District Court for the Western
District of Virginia, at Roanoke. Norman K. Moon, District Judge.
(4:02-cr-70082-nkm-1; 4:02-cr-70082-nkm-2; 7:06-cv-00115-nkm; 7:06-
cv-00381-nkm-mfu)
Submitted: February 28, 2008 Decided: March 5, 2008
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marion Wayne Jordan, David Michael Jordan, Appellants Pro Se.
Anthony Paul Giorno, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In appeal No. 07-7410, Marion Wayne Jordan seeks to
appeal the district court’s order denying relief on his 28 U.S.C.
§ 2255 (2000) motion. In appeal No. 07-7728, David Michael Jordan
filed a motion for a certificate of appealability seeking to appeal
the district court’s order denying relief on his § 2255 motion.
The district court’s orders are not appealable unless a circuit
justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this
standard by demonstrating that reasonable jurists would find that
any assessment of the constitutional claims by the district court
is debatable or wrong and that any dispositive procedural ruling by
the district court is likewise debatable. Miller-El v. Cockrell,
537 U.S. 322, 336-38 (2003); Slack v. McDaniel,
529 U.S. 473, 484
(2000); Rose v. Lee,
252 F.3d 676, 683-84 (4th Cir. 2001). We have
independently reviewed the records and conclude that neither Marion
Wayne Jordan nor David Michael Jordan has made the requisite
showing. Accordingly, we deny David Michael Jordan’s motion for a
certificate of appealability, deny a certificate of appealability
in No. 07-7410, and dismiss the appeals. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
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