UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6871
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN JOSEPH MATHIS,
Defendant – Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (6:06-cr-00815-HMH-1; 6:08-cv-70034-HMH)
Submitted: November 13, 2008 Decided: November 19, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by published per curiam opinion.
Jeffrey Falkner Wilkes, Greenville, South Carolina, for
Appellant. Alan Lance Crick, Assistant United States Attorney,
Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jonathan Joseph Mathis seeks to appeal the district
court’s orders denying relief on his 28 U.S.C. § 2255 (2000)
motion and his motion for reconsideration. The orders are 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 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.
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,
683-84 (4th Cir. 2001). We have independently reviewed the
record and conclude that Mathis has not made the requisite
showing. Accordingly, we deny Mathis’s motion for a certificate
of appealability and dismiss the appeal. We also deny Mathis’s
motion for limited remand. We dispense with oral argument
because the facts and legal contentions are adequately presented
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in the materials before the court and argument would not aid the
decisional process.
DISMISSED
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