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United States v. Arthur Jones
21-6289
| 4th Cir. | Jul 23, 2021
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*1 Before WILKINSON, AGEE, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Arthur F. Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Arthur F. Jones seeks to appeal the district court’s order construing his petition for a writ of audita querela as a 28 U.S.C. § 2255 motion and dismissing it as successive and unauthorized. 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, as here, 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 Jones has not made the requisite showing. Accordingly, we deny Jones’ motion for a certificate of appealability and dismiss the appeal. We further deny Jones’ motions to dismiss the indictment, to expedite, and for judicial notice. 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

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Case Details

Case Name: United States v. Arthur Jones
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jul 23, 2021
Docket Number: 21-6289
Court Abbreviation: 4th Cir.
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