UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-7350
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EUGENE ERNST JACKSON, a/k/a Doot,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (CR-01-464-WMN; CA-04-1999-WMN)
Submitted: May 3, 2006 Decided: June 1, 2006
Before NIEMEYER, KING, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eugene Ernst Jackson, Appellant Pro Se. Charles Joseph Peters,
Sr., OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eugene Ernst Jackson seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2000) motion. This
order is not appealable unless a circuit justice or judge issues a
certificate of appealability. 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 the district
court’s assessment of his constitutional claims 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 (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 Jackson has not
made the requisite showing. Accordingly, we deny Jackson’s motion
for a certificate of appealability and dismiss the appeal. Because
this court has already received Jackson’s records from the district
court, we deny as moot Jackson’s motion to compel. 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
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