274 F. App'x 303

Brian C. JONES, Sr., Petitioner—Appellant, v. Carol WALLACE, Warden, Respondent—Appellee.

No. 07-7320.

United States Court of Appeals, Fourth Circuit.

Submitted: March 17, 2008.

Decided: April 18, 2008.

Brian C. Jones, Sr., Victoria, VA, pro se. Richard Carson Vorhis, Office of the Attorney General, Richmond, VA, for Respondent-Appellee.

Before NIEMEYER and MOTZ, Circuit Judges, and WILKINS, Senior Circuit Judge.

PER CURIAM:

Brian C. Jones, Sr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appeal-ability. See 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. See Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (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 the appointment of counsel, 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.

Jones v. Wallace
274 F. App'x 303

Case Details

Name
Jones v. Wallace
Decision Date
Apr 18, 2008
Citations

274 F. App'x 303

Jurisdiction
United States

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