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United States v. James J'Mori Jones, 18-6115 (2018)

Court: Court of Appeals for the Fourth Circuit Number: 18-6115 Visitors: 25
Filed: May 30, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6115 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JAMES J’MORI JONES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., District Judge. (1:13-cr-00198-WO-1; 1:16-cv- 00076-WO-JLW) Submitted: May 24, 2018 Decided: May 30, 2018 Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion.
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                                    UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                        No. 18-6115


UNITED STATES OF AMERICA,

                    Plaintiff - Appellee,

             v.

JAMES J’MORI JONES,

                    Defendant - Appellant.



Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., District Judge. (1:13-cr-00198-WO-1; 1:16-cv-
00076-WO-JLW)


Submitted: May 24, 2018                                           Decided: May 30, 2018


Before NIEMEYER, MOTZ, and FLOYD, Circuit Judges.


Dismissed by unpublished per curiam opinion.


James J’Mori Jones, Appellant Pro Se.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

       James J’Mori Jones seeks to appeal the district court’s orders denying relief on his

28 U.S.C. § 2255 (2012) 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). 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 Jones has not made

the requisite showing. Accordingly, we deny Jones’ motion for transcript at government

expense, 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

Source:  CourtListener

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