US v. Earnest Young
UNPUBLISHED PER CURIAM OPINION filed denying Motion to proceed in forma pauperis (FRAP 24) [999923259-2], denying certificate of appealability. Originating case number: 6:07-cr-00833-HMH-1, 6:16-cv-01483-HMH. Copies to all parties and the district court. . Mailed to: Earnest Young. [16-7024]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
EARNEST JERMAINE YOUNG,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:07-cr-00833-HMH-1; 6:16-cv-01483-HMH)
December 30, 2016
January 10, 2017
Before MOTZ, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Earnest Jermaine Young, Appellant Pro Se.
Alan Lance Crick,
Assistant United States Attorney, Greenville, South Carolina,
Unpublished opinions are not binding precedent in this circuit.
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Earnest Jermaine Young seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion, and
The orders are not appealable unless a
circuit justice or judge issues a certificate of appealability.
appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2)
When the district court denies relief on the merits, a
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).
When the district court
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
Young has not made the requisite showing.
Accordingly, we deny
a certificate of appealability, deny leave to proceed in forma
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
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