US v. Willie McCain
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 4:05-cr-00011-JLK-1,4:13-cv-80678-JLK-RSB. Copies to all parties and the district court/agency. [999304290]. Mailed to: Willie McCain. [13-7987]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7987
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; 4:13-cv-80678-JLK-RSB)
Submitted:
February 20, 2014
Decided:
February 26, 2014
Before DUNCAN, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
seeks
PER CURIAM:
Willie
McCain
to
court’s order dismissing his 28 U.S.C.
successive and unauthorized.
a
circuit
justice
appealability.
or
28 U.S.C.
appeal
the
district
2255 (2012) motion as
The order is not appealable unless
judge
issues
a
certificate
2253(c)(1)(B) (2012).
of
A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).
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
on
both
procedural
that
the
When the district court
grounds,
dispositive
the
prisoner
procedural
must
ruling
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 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
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