Dennis Jackson v. Warden Broad River Corr Inst, No. 10-7347 (4th Cir. 2011)

Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7347 DENNIS J. JACKSON, a/k/a Dennis James Jackson, Dennis J. Jackson, Sr., a/k/a Petitioner - Appellant, v. WARDEN BROAD RIVER CORRECTIONAL INSTITUTION, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Anderson. Margaret B. Seymour, District Judge. (8:09-cv-00906-MBS) Submitted: January 28, 2011 Decided: February 23, 2011 Before GREGORY, SHEDD, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Dennis J. Jackson, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Dennis J. Jackson seeks to appeal the district court s order denying relief on his 28 U.S.C. § 2254 (2006) petition in which he alleged that the trial court improperly admitted DNA evidence against him, that he was provided ineffective assistance of counsel, that he was deprived of a speedy trial, and that he was deprived of a preliminary hearing. not appealable certificate (2006). unless of a circuit justice appealability. See 28 or The order is judge U.S.C. issues a § 2253(c)(1) 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). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists of v. the this would standard find that 529 U.S. the claims constitutional McDaniel, by is 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 the 484-85. conclude that We have Jackson independently has not made reviewed the record requisite and showing. Accordingly, we deny a certificate of appealability and dismiss 2 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 3
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.