US v. Vernon McLean

Filing 920090623

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6504

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. VERNON PAUL MCLEAN, Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:04-cr-00322-CMC-1; 0:07-cv-70086-CMC)

Submitted:

June 12, 2009

Decided:

June 23, 2009

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Vernon Paul McLean, Appellant Pro Se. Stanley Duane Ragsdale, William Kenneth Witherspoon, Assistant United States Attorneys, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Vernon Paul McLean seeks to appeal the district

court's orders denying his Fed. R. Civ. P. 60(b) motion and denying his motion unless for reconsideration. a circuit justice The or orders judge are not a

appealable

issues

certificate of appealability. Reid v. Angelone, of 369 F.3d

28 U.S.C. § 2253(c)(1) (2006); 363, will 369 not (4th issue Cir. 2004). "a

A certificate

appealability

absent

substantial showing of the denial of a constitutional right." 28 U.S.C. by § 2253(c)(2) (2006). that A prisoner satisfies would this find

standard

demonstrating

reasonable

jurists

that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-

El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). that We have independently has not made reviewed the the record and

conclude

McLean

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 the court and argument would not aid the decisional

process. DISMISSED 2