United States v. Jonathan Davey ( 2022 )


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  • USCA4 Appeal: 21-7529      Doc: 7         Filed: 10/14/2022    Pg: 1 of 2
    UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 21-7529
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    JONATHAN D. DAVEY,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western District of North Carolina, at
    Charlotte.   Robert J. Conrad, Jr. District Judge.           (3:12-cr-00068-RJC-DSC-1;
    3:17-cv-00556-RJC)
    Submitted: September 29, 2022                                 Decided: October 14, 2022
    Before KING and WYNN, Circuit Judges, and TRAXLER, Senior Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Jonathan D. Davey, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    USCA4 Appeal: 21-7529         Doc: 7      Filed: 10/14/2022      Pg: 2 of 2
    PER CURIAM:
    Jonathan D. Davey seeks to appeal the district court’s order denying relief on his 
    28 U.S.C. § 2255
     motion. The order is not appealable unless a circuit justice or judge issues
    a certificate of appealability. See 
    28 U.S.C. § 2253
    (c)(1)(B). 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). When the district court denies relief on the merits, a prisoner satisfies
    this standard by demonstrating that reasonable jurists could find the district court’s
    assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 
    137 S. Ct. 759
    , 773-74 (2017). 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. Gonzalez v.
    Thaler, 
    565 U.S. 134
    , 140-41 (2012) (citing Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000)).
    We have independently reviewed the record and conclude that Davey has not made
    the requisite showing. Accordingly, we deny 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
    

Document Info

Docket Number: 21-7529

Filed Date: 10/14/2022

Precedential Status: Non-Precedential

Modified Date: 10/17/2022