US v. James McLean, Jr., No. 11-6130 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6130 UNITED STATES OF AMERICA, Plaintiff Appellee, v. JAMES EDWARD MCLEAN, JR., Defendant Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, District Judge. (3:02-cr-00156-MR-1; 3:07-cv-00331-MR) Submitted: June 13, 2011 Decided: July 1, 2011 Before TRAXLER, Chief Judge, and MOTZ and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. James Edward McLean, Jr., Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James Edward McLean, Jr., seeks to appeal the district court s order denying relief (West Supp. 2010) motion. on his 28 U.S.C.A. § 2255 The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate of appealability will not issue absent a substantial showing of the denial of a constitutional right. (2006). 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 must ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. We have independently reviewed the Slack, 529 U.S. at 484-85. record McLean has not made the requisite showing. a certificate dispense of with contentions appealability oral are argument adequately and presented conclude that Accordingly, we deny dismiss because 2 and the in the appeal. facts the and We legal materials before the court and argument would not aid the decisional process. DISMISSED 3
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