Testo completo
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7938
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ANTWAN LAMAR JACKSON, a/k/a Twan, a/k/a Mey-Mey,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, Senior
District Judge. (3:10-cr-00033-NKM-RSB-1; 3:14-cv-80732-NKM-RSB)
Submitted: April 19, 2016 Decided: April 21, 2016
Before AGEE, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Antwan Lamar Jackson, Appellant Pro Se. Ronald Mitchell Huber,
Jean Barrett Hudson, Assistant United States Attorneys,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Antwan Lamar Jackson seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion. The
order is 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
Jackson has not made the requisite showing. Accordingly, we deny
Jackson’s motions for 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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