US v. Willie McCain

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:05-cr-00011-JLK-1,4:12-cv-80527-JLK-RSB Copies to all parties and the district court/agency. [999055240]. Mailed to: Willie Junior McCain. [12-7744]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7744

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIE JUNIOR MCCAIN,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Jackson L. Kiser, Senior
District Judge. (4:05-cr-00011-JLK-1)

Submitted:

February 14, 2013

Before SHEDD and
Circuit Judge.

DIAZ,

Circuit

Decided:

Judges,

and

March 4, 2013

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Willie Junior McCain, Appellant Pro Se.
Donald Ray Wolthuis,
Assistant
United
States
Attorney,
Roanoke,
Virginia,
for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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Junior

McCain

seeks

construing

his

PER CURIAM:
Willie
court’s

order

to

“Petition

appeal

for

a

the

Writ

district
of

Habeas

Corpus Pursuant to the All Writs Act” as a 28 U.S.C.A. § 2255
(West Supp. 2012) motion and dismissing it as successive.

The

order is not appealable unless a circuit justice or judge issues
a

certificate

(2006).

of

appealability.

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) (2006).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

U.S.

that

the

claims

constitutional
529

by

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).
When 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

Slack, 529 U.S.

claim of the denial of a constitutional right.
at 484-85.

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

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because
2

the

facts

and

We

legal

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3