Filed: Jul. 22, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6307 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN FORREST HAM, JR., Defendant - Appellant. 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) Submitted: July 18, 2019 Decided: July 22, 2019 Before WILKINSON, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. John For
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6307 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN FORREST HAM, JR., Defendant - Appellant. 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) Submitted: July 18, 2019 Decided: July 22, 2019 Before WILKINSON, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. John Forr..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6307
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOHN FORREST HAM, JR.,
Defendant - Appellant.
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)
Submitted: July 18, 2019 Decided: July 22, 2019
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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
2