US v. Kennedy Kemp
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:14-cr-00098-MOC-1,3:16-cv-00219-MOC Copies to all parties and the district court/agency. . Mailed to: K Kemp. [16-7052]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
KENNEDY KEMP, a/k/a Leon Barrington Oakley, Jr.,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Max O. Cogburn,
District Judge. (3:14-cr-00098-MOC-1; 3:16-cv-00219-MOC)
December 12, 2016
January 19, 2017
Dismissed by unpublished per curiam opinion.
Kennedy Kemp, Appellant Pro Se.
Elizabeth Margaret Greenough,
OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina,
Unpublished opinions are not binding precedent in this circuit.
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Kennedy Kemp seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2012) motion.
is not appealable unless a circuit justice or judge issues a
certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2012).
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
Kemp has not made the requisite showing.
Accordingly, we deny a
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this court and argument would not aid the decisional process.
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