US v. Lacey McClam, Jr.

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UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 4:07-cr-01277-TLW-1, 4:15-cv-04936-TLW. Copies to all parties and the district court. [999786767]. Mailed to: Appellant. [16-6049]

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Appeal: 16-6049 Doc: 7 Filed: 04/01/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6049 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. LACEY LEROY MCCLAM, JR., Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:07-cr-01277-TLW-1; 4:15-cv-04936-TLW) Submitted: March 29, 2016 Decided: April 1, 2016 Before GREGORY and DUNCAN, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Lacey Leroy McClam, Jr., Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6049 Doc: 7 Filed: 04/01/2016 Pg: 2 of 3 PER CURIAM: Lacey Leroy McClam, Jr., seeks to appeal the district court’s orders dismissing his 28 U.S.C. § 2255 (2012) motion as successive appealable and denying unless a reconsideration. circuit certificate of appealability. A certificate of The justice or orders judge are issues not 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. satisfies jurists would of the v. McDaniel, Slack this 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 McClam 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 Appeal: 16-6049 Doc: 7 contentions Filed: 04/01/2016 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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