Jackson v. Warden, FCI Petersburg Low

466 F. App'x 207

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 22, 2012
• Docket: 11-7407
• Status: Unpublished

Opinion

PER CURIAM:

Reginald A. Jackson, a District of Columbia prisoner housed in federal custody, seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp.2011) 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) (2006); see Madley v. U.S. Parole Comm’n, 278 F.3d 1306, 1309 (D.C.Cir. 2002) (“We conclude that a court of the District [of Columbia] is a state court for the purpose of [§ 2253(c) ].”). 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) (2006). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595. We have independently reviewed the record and conclude that Jackson has not made the requisite showing. Accordingly, we deny Jackson’s motions to remand and for release pending appeal, 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 the court and argument would not aid the decisional process.

DISMISSED.