Filed: Jul. 08, 2020
Latest Update: Sep. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7600 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DACEY MAURICE JONES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:13-cr-00405-TDS-1; 1:16- cv-00198-TDS-LPA) Submitted: June 29, 2020 Decided: July 8, 2020 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Dismissed by unpublished per cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-7600 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DACEY MAURICE JONES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, Chief District Judge. (1:13-cr-00405-TDS-1; 1:16- cv-00198-TDS-LPA) Submitted: June 29, 2020 Decided: July 8, 2020 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Dismissed by unpublished per curi..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7600
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DACEY MAURICE JONES,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge. (1:13-cr-00405-TDS-1; 1:16-
cv-00198-TDS-LPA)
Submitted: June 29, 2020 Decided: July 8, 2020
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dacey Maurice Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Dacey Maurice Jones seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge, dismissing Jones’ 28 U.S.C. § 2255 (2018)
motion as time-barred, and denying Jones’ motions to amend. See Whiteside v. United
States,
775 F.3d 180, 182-83 (4th Cir. 2014) (en banc) (explaining that § 2255 motions are
subject to one-year statute of limitations, running from latest of four commencement dates
enumerated in 28 U.S.C. § 2255(f)). The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2018). 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) (2018). When, as here, 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. Gonzalez v. Thaler,
565 U.S. 134, 140-41 (2012) (citing Slack v.
McDaniel,
529 U.S. 473, 484 (2000)).
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