United States of America v. Arthur F. Jones, a/k/a Arthur Palmer, a/k/a June, a/k/a Junior

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6289
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ARTHUR F. JONES, a/k/a Arthur Palmer, a/k/a June, a/k/a Junior,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Charleston. David C. Norton, District Judge. (2:99-cr-00362-DCN-1)
Submitted: July 20, 2021 Decided: July 23, 2021
Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Arthur F. Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Arthur F. Jones seeks to appeal the district court’s order construing his petition for
a writ of audita querela as a 28 U.S.C. § 2255 motion and dismissing it as successive and
unauthorized. The order is not appealable unless a circuit justice or judge issues a
certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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). 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 Jones’ motion for a certificate of
appealability and dismiss the appeal. We further deny Jones’ motions to dismiss the
indictment, to expedite, and for judicial notice. 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 of 2 --