US v. Kenneth McClees, II
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:12-cr-00011-FL-1,2:14-cv-00029-FL. Copies to all parties and the district court/agency. . Mailed to: Kenneth McClees, II. [16-6158]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
KENNETH CADWELL MCCLEES, II,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Elizabeth City.
Flanagan, District Judge.
May 26, 2016
June 1, 2016
Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Dismissed by unpublished per curiam opinion.
Kenneth Cadwell McClees, II, Appellant Pro Se.
Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Kenneth Cadwell McClees, II, seeks to appeal the district
judge and dismissing as untimely his 28 U.S.C. § 2255 (2012)
The order is not appealable unless a circuit justice or
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
McClees has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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