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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7062 DAVID ALLEN JONES, Petitioner – Appellant, v. MICHAEL MCCALL, Warden, Perry CI, Respondent – Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Margaret B. Seymour, District Judge. (2:09-cv-01857-MBS) Submitted: November 9, 2010 Decided: December 1, 2010 Before KING, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. David Allen Jones, Appellant Pro Se. Samuel Creighton Waters, Assistant Attorney General, Donald John Zelenka, Deputy Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: David Allen Jones seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his
28 U.S.C. § 2254(2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1) (2006). 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 (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 petition 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 2 before the court and argument would not aid the decisional process. DISMISSED 3
Document Info
Docket Number: 10-7062
Citation Numbers: 406 F. App'x 681
Judges: King, Shedd, Davis
Filed Date: 12/1/2010
Precedential Status: Non-Precedential
Modified Date: 11/5/2024