US v. Rodney Jones, No. 14-6883 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6883 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RODNEY MORRIS JONES, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (1:05-cr-00506-JCC-1) Submitted: November 20, 2014 Decided: November 24, 2014 Before KING and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Rodney Morris Jones, Appellant Pro Se. Dennis Michael Fitzpatrick, Jeffrey L. Shih, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodney Morris Jones seeks to appeal the district court’s orders treating his motion seeking relief under the All Writs Act, 28 U.S.C. § 1651 (2012), as a successive and unauthorized 28 U.S.C. § 2255 (2012) motion, and dismissing it on that basis, and denying Jones’ Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. not appealable unless a The district court’s orders are circuit certificate of appealability. Reid v. Angelone, certificate of 369 justice or judge issues a 28 U.S.C. § 2253(c)(1) (2012); F.3d 363, appealability 369 will (4th not Cir. 2004). absent issue A “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find U.S. that the claims constitutional 529 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 motion states claim of the denial of a constitutional right. at 484-85. 2 a debatable Slack, 529 U.S. 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. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 3