Opinion
21-6289
07-23-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. ARTHUR F. JONES, a/k/a Arthur Palmer, a/k/a June, a/k/a Junior, Defendant-Appellant.
Arthur F. Jones, Appellant Pro Se.
UNPUBLISHED
Submitted: July 20, 2021
Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:99-cr-00362-DCN-1)
Arthur F. Jones, Appellant Pro Se.
Before WILKINSON, AGEE, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
Arthur F. Jones see ks 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