US v. Brian McNair

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:11-cr-02342-RBH-1,4:13-cv-01805-RBH Copies to all parties and the district court/agency. [999645625]. Mailed to: McNair. [15-6102]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6102

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

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:11-cr-02342-RBH-1; 4:13-cv-01805-RBH)

Submitted:

August 20, 2015

Decided:

August 24, 2015

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Brian McNair, Appellant Pro Se.
Alfred William Walker Bethea,
Jr., Assistant United States Attorney, Florence, South Carolina;
Stanley D. Ragsdale, Assistant United States Attorney, Columbia,
South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Brian McNair seeks to appeal the district court’s orders
denying

relief

on

his

motions

filed

(2012) and Fed. R. Civ. P. 59(e).
unless

a

circuit

appealability.

justice

or

under

28

U.S.C.

§ 2255

The orders are not appealable

judge

issues

a

certificate

28 U.S.C. § 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
McNair has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

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