US v. Earnest Young

Filing

UNPUBLISHED PER CURIAM OPINION filed denying Motion to proceed in forma pauperis (FRAP 24) [999923259-2], denying certificate of appealability.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. [1000000963]. Mailed to: Earnest Young. [16-7024]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7024

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
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)

Submitted:

December 30, 2016

Decided:

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Dismissed by unpublished per curiam opinion.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,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Earnest Jermaine Young seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2012) motion, and
denying reconsideration.

The orders are not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2012).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
is

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
pauperis,

and

dismiss

the

appeal.

We

dispense

with

oral

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.

DISMISSED

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