US v. Lacey McClam, Jr.
Filing
UNPUBLISHED PER CURIAM OPINION filed.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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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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
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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
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