US v. Willie McKinnon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:08-cr-00049-CCB-1 Copies to all parties and the district court/agency. [998943708]. Mailed to: Wilie McKinnon. [12-7193]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7193

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIE ORLANDO MCKINNON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:08-cr-00049-CCB-1)

Submitted:

September 12, 2012

Decided:

September 24, 2012

Before MOTZ, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Willie Orlando McKinnon, Appellant Pro Se.
Michael Clayton
Hanlon, Assistant United States Attorney, Baltimore, Maryland,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Willie Orlando McKinnon seeks to appeal the district
court’s

order

dismissing

(West Supp. 2012) motion.

as

untimely

his

28

U.S.C.A.

§ 2255

The order is not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2006).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
is

debatable, and that the motion states a debatable claim of the
denial of a constitutional right.

Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude
that McKinnon has not made the requisite showing.

Accordingly,

we deny a certificate of appealability, deny leave to proceed in
forma pauperis, and dismiss the appeal.

We dispense with oral

argument because the facts and legal contentions are adequately

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presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED

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