US v. Laquency Higgin
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 6:14-cr-00834-HMH-1,6:16-cv-03271-HMH Copies to all parties and the district court/agency. . Mailed to: L Higgins. [16-7629]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:14-cr-00834-HMH-1; 6:16-cv-03271-HMH)
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Laquency Higgins, Appellant Pro Se.
Maxwell B. Cauthen, III,
Assistant United States Attorney, Greenville, South Carolina,
Unpublished opinions are not binding precedent in this circuit.
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Laquency Higgins 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
Higgins 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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