Filed: Jul. 29, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6511 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. MICHAEL R. JACKSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., District Judge. (3:93-cr-00125-JAG-1; 3:96-cv-01029-RLW) Submitted: July 24, 2014 Decided: July 29, 2014 Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per cu
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6511 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. MICHAEL R. JACKSON, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., District Judge. (3:93-cr-00125-JAG-1; 3:96-cv-01029-RLW) Submitted: July 24, 2014 Decided: July 29, 2014 Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per cur..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6511
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MICHAEL R. JACKSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. John A. Gibney, Jr.,
District Judge. (3:93-cr-00125-JAG-1; 3:96-cv-01029-RLW)
Submitted: July 24, 2014 Decided: July 29, 2014
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael R. Jackson, Appellant Pro Se. Eric Matthew Hurt,
Assistant United States Attorney, Newport News, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael R. Jackson seeks to appeal the district
court’s orders denying his Fed. R. Civ. P. 60(b) motion for
reconsideration of the 1999 denial of his 28 U.S.C. § 2255
(2012) motion, and denying his Fed. R. Civ. P. 59(e) motion to
reconsider the denial of the Rule 60(b) motion. The orders are
not appealable unless a circuit justice or judge issues a
certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012);
Reid v. Angelone,
369 F.3d 363, 370 (4th Cir. 2004). 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,
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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
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