US v. Yastrzemski Lipscombe
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 8:12-cr-00024-HMH-5, 8:16-cv-00085-HMH. Copies to all parties and the district court/agency . Mailed to: Yastrzemski Lipscombe. [16-6302]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
YASTRZEMSKI LIPSCOMBE, a/k/a O,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Henry M. Herlong, Jr., Senior
District Judge. (8:12-cr-00024-HMH-5; 8:16-cv-00085-HMH)
October 18, 2016
October 26, 2016
Dismissed by unpublished per curiam opinion.
Yastrzemski Lipscombe, Appellant Pro Se.
Andrew Burke Moorman,
OFFICE OF THE UNITED STATES ATTORNEY, Greenville, 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Unpublished opinions are not binding precedent in this circuit.
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Yastrzemski Lipscombe seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion.
order is not appealable unless a circuit justice or judge issues
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
(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
claim of the denial of a constitutional right.
Slack, 529 U.S.
We have independently reviewed the record and conclude that
Lipscombe 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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