United States of America v. Mark Benjamin Hemphill

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7504
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARK BENJAMIN HEMPHILL,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, District
Judge. (0:99-cr-00659-CMC-6; 0:12-cv-02400-CMC)
Submitted: November 13, 2012 Decided: November 16, 2012
Before NIEMEYER, GREGORY, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark Benjamin Hemphill, Appellant Pro Se. Marshall Prince, II,
Assistant United States Attorney, Nancy Chastain Wicker, OFFICE
OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Mark Benjamin Hemphill seeks to appeal the district
court’s order dismissing his 28 U.S.C.A. § 2255 (West Supp.
2012) motion as successive. The order is not appealable unless
a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). 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)
(2006). 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 Hemphill 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

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED

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