Opinion
No. 19-6307
07-22-2019
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN FORREST HAM, JR., Defendant - Appellant.
John Forrest Ham, Jr., Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the District of South Carolina, at Greenville. Timothy M. Cain, District Judge. (6:10-cr-00046-TMC-1; 6:17-cv-01703-TMC) Before WILKINSON, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. John Forrest Ham, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
John Ham, Jr., seeks to appeal the district court's order denying his Fed. R. Civ. P. 59(e) motion seeking to alter or amend the district court's order construing his postconviction motion as a successive and unauthorized 28 U.S.C. § 2255 (2012) motion and dismissing it on that basis. 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 Ham 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