United States v. Cleshon Joaquin Mack

U.S. Court of Appeals for the Fourth Circuit

United States v. Cleshon Joaquin Mack

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17-7570

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CLESHON JOAQUIN MACK,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:04-cr-00582-TLW-1; 4:16-cv- 01818-TLW)

Submitted: April 17, 2018 Decided: April 19, 2018

Before WILKINSON and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Cleshon Joaquin Mack, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Cleshon Joaquin Mack seeks to appeal the district court’s order denying relief on

his

28 U.S.C. § 2255

(2012) motion. The order is 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.”

28 U.S.C. § 2253

(c)(2) (2012). When the district court denies

relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable

jurists would find that the district 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). When the district court denies relief on

procedural grounds, the prisoner must demonstrate both that the dispositive procedural

ruling 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 Mack has not made

the requisite 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 this court and argument would not aid the

decisional process.

DISMISSED

2

Reference

Status
Unpublished