United States v. Andrew Jones

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 7, 2020
• Docket: 19-7153
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19-7153

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ANDREW TIMOTHY JONES,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:03-cr-00055-FDW-DCK-1; 3:19-cv-00239-FDW)

Submitted: December 19, 2019 Decided: January 7, 2020

Before WILKINSON, MOTZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Andrew Timothy Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Andrew Timothy Jones seeks to appeal the district court’s order denying his motion

to reopen 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 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