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Jones v. United States

United States District Court, W.D. North Carolina, Asheville Division

October 13, 2014

CORY WILLIAM JONES, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent. Criminal No. 1:05-cr-00249-MR-1

ORDER

MARTIN REIDINGER, District Judge.

THIS MATTER is before the Court on Petitioner's "Motion for Reconsideration" [Doc. 24].

This is Petitioner's second motion for reconsideration of the Order denying his motion to vacate pursuant to 28 U.S.C. § 2255. For the reasons stated in the Court's prior Order [Doc. 23], Petitioner's motion for reconsideration is construed as a successive Section 2255 petition and is therefore dismissed.

Pursuant to Rule 11(a) of the Rules Governing Section 2254 and Section 2255 Cases, this Court declines to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell , 537 U.S. 322, 338 (2003) (in order to satisfy § 2253(c), a petitioner must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong); Slack v. McDaniel , 529 U.S. 473, 484 (2000) (when relief is denied on procedural grounds, a petitioner must establish both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right).

IT IS, THEREFORE, ORDERED that Petitioner's Motion [Doc. 24] is DISMISSED as a successive Section 2255 petition.

IT IS FURTHER ORDERED that the Court declines to issue a certificate of appealability.

IT IS SO ORDERED.


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