Filed: Nov. 27, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6819 DAMON JAQUES JONES, Petitioner - Appellant, v. WARDEN CHARLES WILLIAMS, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Henry M . Herlong, Jr., Senior District Judge. (1:18-cv-02600-HMH) Submitted: November 12, 2019 Decided: November 27, 2019 Before KEENAN, THACKER, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Damon Jaques Jones
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6819 DAMON JAQUES JONES, Petitioner - Appellant, v. WARDEN CHARLES WILLIAMS, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Henry M . Herlong, Jr., Senior District Judge. (1:18-cv-02600-HMH) Submitted: November 12, 2019 Decided: November 27, 2019 Before KEENAN, THACKER, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Damon Jaques Jones,..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6819
DAMON JAQUES JONES,
Petitioner - Appellant,
v.
WARDEN CHARLES WILLIAMS,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Aiken.
Henry M . Herlong, Jr., Senior District Judge. (1:18-cv-02600-HMH)
Submitted: November 12, 2019 Decided: November 27, 2019
Before KEENAN, THACKER, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Damon Jaques Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Damon Jaques Jones seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and 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. 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 contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
DISMISSED
2