United States v. Gary Lackey , 591 F. App'x 202 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7431
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GARY RICHARD LACKEY,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L.
Voorhees, District Judge. (5:11-cr-00052-RLV-1; 5:14-cv-00054-
RLV)
Submitted: January 22, 2015 Decided: January 27, 2015
Before SHEDD and KEENAN, Circuit Judges. *
Dismissed by unpublished per curiam opinion.
Gary Richard Lackey, Appellant Pro Se. Steven R. Kaufman,
Assistant United States Attorney, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
*
The opinion is filed by a quorum of the panel pursuant to
28 U.S.C. § 46(d) (2012).
PER CURIAM:
Gary Richard Lackey seeks to appeal the district
court’s orders denying his 28 U.S.C. § 2255 (2012) and Fed. R.
Civ. P. 59(e) motions. The orders are 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 Lackey 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
2
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
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