US v. Vernon McLean, No. 09-6504 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6504 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. VERNON PAUL MCLEAN, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:04-cr-00322-CMC-1; 0:07-cv-70086-CMC) Submitted: June 12, 2009 Decided: June 23, 2009 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Vernon Paul McLean, Appellant Pro Se. Stanley Duane Ragsdale, William Kenneth Witherspoon, Assistant United States Attorneys, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Vernon Paul McLean seeks to appeal the district court s orders denying his Fed. R. Civ. P. 60(b) motion and denying his appealable motion for unless a reconsideration. circuit justice certificate of appealability. Reid v. Angelone, A certificate of 369 The or orders judge are not issues a 28 U.S.C. § 2253(c)(1) (2006); F.3d 363, appealability will 369 not (4th Cir. issue 2004). absent a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § 2253(c)(2) by (2006). demonstrating that A prisoner reasonable satisfies jurists would this find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller- El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). conclude We that have McLean independently has not made reviewed the the record requisite and showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2

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