US v. Wilkins McNair, Jr.

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 1:06-cr-00281-CCB-1,1:11-cv-01902-CCB Copies to all parties and the district court/agency. [999419139]. Mailed to: McNair. [14-6417, 14-6426]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6417

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILKINS MCNAIR, JR.,
Defendant - Appellant.

No. 14-6426

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILKINS MCNAIR, JR.,
Defendant - Appellant.

Appeals from the United States District Court for the District
of Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:06-cr-00281-CCB-1;
1:11-cv-01902-CCB;
1:09-cr-00320-CCB-1;
1:12-cv-03546-CCB)

Submitted:

July 30, 2014

Decided:

Before SHEDD, AGEE, and DIAZ, Circuit Judges.

August 20, 2014

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Dismissed by unpublished per curiam opinion.

Wilkins McNair, Jr., Appellant Pro Se. Jefferson McClure Gray,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In

these

consolidated

appeals,

Wilkins

McNair,

Jr.

seeks to appeal the district court’s orders denying relief on
his

28

U.S.C.

appealable

§ 2255

unless

(2012)

a

motions.

circuit

certificate of appealability.
A

certificate

of

justice

The

orders

or

judge

are

not

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

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

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude
that McNair has not made the requisite showing.
deny

a

certificate

of

appealability

in

No.

Accordingly, we
14-6417,

deny

McNair’s motion for a certificate of appealability in No. 146426, and dismiss the appeals.

We dispense with oral argument
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because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED

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