Jones v. United States

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 26, 2002
• Docket: 02-6746
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6746

ALONZO CALVIN JONES,

Petitioner - Appellant,

versus

UNITED STATES OF AMERICA; DAN L. DOVE, Warden,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (CA-00-2790-3-20BC)

Submitted: October 23, 2002 Decided: November 26, 2002

Before MOTZ and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Alonzo Calvin Jones, Appellant Pro Se. David Calhoun Stephens, Assistant United States Attorney, Greenville, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Alonzo Calvin Jones seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C. § 2241 (2000), but

construed as one pursuant to 28 U.S.C. § 2255 (2000). We have

reviewed the record and the district court’s opinion accepting the

recommendation of the magistrate judge and conclude on the

reasoning of the district court that Jones has not made a

substantial showing of the denial of a constitutional right. See

Jones v. United States, No. CA-02-2790-2-20BC (D.S.C. Mar. 4,

2002). 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 the court and argument would not aid the

decisional process.

DISMISSED