United States v. Ronald McKinney

U.S. Court of Appeals for the Fourth Circuit

United States v. Ronald McKinney

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20-7215

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

RONALD RANDOLPH MCKINNEY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Senior District Judge. (2:13-cr-00010-RBS-LRL-1; 2:20-cv-00095-RBS)

Submitted: February 18, 2021 Decided: February 22, 2021

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ronald Randolph McKinney, Appellant Pro Se. Aidan Taft Grano, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Ronald Randolph McKinney seeks to appeal the district court’s order dismissing his

28 U.S.C. § 2255

motion as an unauthorized, successive § 2255 motion. The order is not

appealable unless a circuit justice or judge issues a certificate of appealability. See

28 U.S.C. § 2253

(c)(1)(B). 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). When, as here,

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. Gonzalez v. Thaler,

565 U.S. 134, 140-41

(2012) (citing Slack v. McDaniel,

529 U.S. 473, 484

(2000)).

Limiting our review of the record to the issues raised in McKinney’s informal briefs,

we conclude that McKinney has not made the requisite showing. See 4th Cir. R. 34(b); see

also Jackson v. Lightsey,

775 F.3d 170, 177

(4th Cir. 2014) (“The informal brief is an

important document; under Fourth Circuit rules, our review is limited to issues preserved

in that brief.”). 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Unpublished