US v. Leroy Lane

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:06-cr-00992-JMC-1,6:14-cv-000943-JMC Copies to all parties and the district court/agency. [999496974]. Mailed to: Leroy Lane. [14-7233]

Appeal: 14-7233

Doc: 5

Filed: 12/19/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7233

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
LEROY AUGUSTUS LANE,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
J. Michelle Childs, District
Judge. (6:06-cr-00992-JMC-1; 6:14-cv-000943-JMC)

Submitted:

December 16, 2014

Before DUNCAN
Circuit Judge.

and

DIAZ,

Circuit

Decided:

Judges,

December 19, 2014

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Leroy Augustus Lane, Appellant Pro Se. Elizabeth Jean Howard,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-7233

Doc: 5

Filed: 12/19/2014

Pg: 2 of 3

PER CURIAM:
Leroy

Augustus

28

U.S.C.

the

district

The order is not appealable unless a circuit justice or
certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

appeal

motion.

a

on

to

order

issues

relief

seeks

court’s

judge

denying

Lane

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

of

a

When the

district court denies relief on the merits, a prisoner satisfies
this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district court’s assessment of the constitutional
claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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 claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Lane 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

Appeal: 14-7233

Doc: 5

contentions

Filed: 12/19/2014

are

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3