United States v. Jones , 305 F. App'x 106 ( 2008 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 08-7935
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    MAMIE LOUISE JONES,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.      Terrence W. Boyle,
    District Judge. (5:05-cr-00314-BO-1; 5:07-cv-00333-BO)
    Submitted:    December 16, 2008            Decided:   December 29, 2008
    Before WILKINSON, MICHAEL, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Mamie Louise Jones, Appellant Pro Se.       Steve R. Matheny,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Mamie         Louise    Jones        seeks       to     appeal         the        district
    court’s    order      denying      relief       on    her     
    28 U.S.C. § 2255
           (2000)
    motion.    The order is not appealable unless a circuit justice or
    judge     issues      a    certificate          of     appealability.                    
    28 U.S.C. § 2253
    (c)(1) (2000).               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)           (2000).           A
    prisoner        satisfies         this        standard        by        demonstrating              that
    reasonable       jurists      would       find       that     any       assessment            of     the
    constitutional        claims       by    the    district          court       is    debatable         or
    wrong and that any dispositive procedural ruling by the district
    court is likewise debatable.                    Miller-El v. Cockrell, 
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000);
    Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).                                            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 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
    2
    

Document Info

Docket Number: 08-7935

Citation Numbers: 305 F. App'x 106

Judges: Wilkinson, Michael, King

Filed Date: 12/29/2008

Precedential Status: Non-Precedential

Modified Date: 11/5/2024