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United States v. Larry Ingram, JR., 4th Cir. (2015)

This document summarizes a United States Court of Appeals case. Larry Ingram Jr. sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and concluded that Ingram did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied Ingram a certificate of appealability and dismissed the appeal.

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47 views3 pages

United States v. Larry Ingram, JR., 4th Cir. (2015)

This document summarizes a United States Court of Appeals case. Larry Ingram Jr. sought to appeal the district court's denial of his 28 U.S.C. § 2255 motion. The appeals court independently reviewed the record and concluded that Ingram did not make the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2255 motion. Specifically, he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the appeals court denied Ingram a certificate of appealability and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 15-7111

UNITED STATES OF AMERICA,


Plaintiff Appellee,
v.
LARRY INGRAM, JR.,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Joseph F. Anderson, Jr., Senior
District Judge. (0:08-cr-00610-JFA-1; 0:14-cv-01098-JFA)

Submitted:

November 19, 2015

Decided: November 23, 2015

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Ingram, Jr., Appellant Pro Se. Stacey Denise Haynes,


Assistant United States Attorney, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Larry Ingram, Jr., seeks to appeal the district courts
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

(2012).

of

appealability.

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) (2012).
relief

on

the

demonstrating
district

merits,
that

courts

debatable

or

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

constitutional
529

U.S.

by

that

the

claims

is

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

claim of the denial of a constitutional right.

debatable

Slack, 529 U.S.

at 484-85.
We have independently reviewed the record and conclude that
Ingram has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

contentions

are

adequately

presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

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