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    Jones v. State of SC, 4th Cir. (2006)

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    This document summarizes a United States Court of Appeals case in which M. Rodney E. Jones, a state prisoner, sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court independently reviewed the record and concluded that Jones did not make the requisite substantial showing of the denial of a constitutional right to be issued a certificate of appealability. As such, the court dismissed the appeal.

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    Jones v. State of SC, 4th Cir. (2006)

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    This document summarizes a United States Court of Appeals case in which M. Rodney E. Jones, a state prisoner, sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court independently reviewed the record and concluded that Jones did not make the requisite substantial showing of the denial of a constitutional right to be issued a certificate of appealability. As such, the court dismissed the appeal.

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    Filed: 2006-01-23 Precedential Status: Non-Precedential Docket: 05-7758

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    This document summarizes a United States Court of Appeals case in which M. Rodney E. Jones, a state prisoner, sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court independently reviewed the record and concluded that Jones did not make the requisite substantial showing of the denial of a constitutional right to be issued a certificate of appealability. As such, the court dismissed the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    15 views2 pages

    Jones v. State of SC, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which M. Rodney E. Jones, a state prisoner, sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court independently reviewed the record and concluded that Jones did not make the requisite substantial showing of the denial of a constitutional right to be issued a certificate of appealability. As such, the court dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7758

    M. RODNEY E. JONES,
    Petitioner - Appellant,
    versus
    STATE OF SOUTH CAROLINA;
    Attorney General,

    HENRY

    MCMASTER,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia. Margaret B. Seymour, District Judge.
    (CA-05-251-MBS)

    Submitted:

    December 21, 2005

    Decided:

    January 23, 2006

    Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    M. Rodney E. Jones, Appellant Pro Se. Melody Jane Brown, OFFICE OF


    THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
    for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    M. Rodney E. Jones, a state prisoner, seeks to appeal the
    district courts order denying relief on his petition filed under
    28 U.S.C. 2254 (2000).

    An appeal may not be taken from the final

    order in a 2254 proceeding unless a circuit justice or judge


    issues a certificate of appealability.
    (2000).

    28 U.S.C. 2253(c)(1)

    A certificate of appealability will not issue for claims

    addressed by a district court 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 both that the district courts assessment of his
    constitutional

    claims

    is

    debatable

    or

    wrong

    and

    that

    any

    dispositive procedural rulings by the district court are also


    debatable or wrong.

    See Miller-El v. Cockrell, 537 U.S. 322, 338

    (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,
    252 F.3d 676, 683 (4th Cir. 2001).

    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.


    facts

    and

    materials

    legal
    before

    We dispense with oral argument because the

    contentions
    the

    court

    are

    adequately

    and

    argument

    presented

    would

    not

    in

    the

    aid

    the

    decisional process.

    DISMISSED

    - 2 -

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