UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6527
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANOJ KUMAR JHA,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Ellen L. Hollander, District Judge. (1:12-cr-00595-ELH-1; 1:16-cv-03449-ELH)
Submitted: August 22, 2019 Decided: August 27, 2019
Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Manoj Kumar Jha, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Manoj Kumar Jha seeks to appeal the district court’s order denying relief on his 28
U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). When the district court denies relief on the
merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would
find that the district court’s assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 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 a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at
484-85.
We have independently reviewed the record and conclude that Jha has not made
the requisite showing. Accordingly, we deny a certificate of appealability, deny Jha’s
motion to suspend the briefing schedule pending issuance of a certificate of appealability,
and dismiss the appeal. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
DISMISSED
2