US v. Willie McKinnon

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999530609-2] Originating case number: 1:08-cr-00049-CCB-1,1:14-cv-03218-CCB Copies to all parties and the district court/agency. [999589560]. Mailed to: Willie McKinnon. [14-7743]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7743

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, Chief District
Judge. (1:08-cr-00049-CCB-1; 1:14-cv-03218-CCB)

Submitted:

May 21, 2015

Decided:

May 26, 2015

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Willie Orlando McKinnon, Appellant Pro Se.
Rod J. Rosenstein,
United States Attorney, 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Unpublished opinions are not binding precedent in this circuit.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
court’s

Orlando

order

dismissing

(2012) motion.
justice

or

McKinnon
as

seeks

to

successive

appeal
his

28

the

district

U.S.C.

§ 2255

The order is not appealable unless a circuit

judge

issues

a

certificate

U.S.C. § 2253(c)(1)(B) (2012).

of

appealability.

28

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) (2012).

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
McKinnon has not made the requisite showing. *

*

Accordingly, we

We decline to construe McKinnon’s notice of appeal and
informal brief as an application to file a second or successive
§ 2255 motion because McKinnon filed such an application
parallel to this appeal, and this appeal raises no additional
arguments on this issue. See In re Willie McKinnon, No. 15-127
(Continued)
2

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

DISMISSED

(4th
Cir.
Feb.
application).

27,

2015)

(unpublished

3

order

denying