U.S. Court of Appeals for the Fourth Circuit, 2007

United States v. Gibson

United States v. Gibson
U.S. Court of Appeals for the Fourth Circuit · Decided February 16, 2007 · Williams, Michael, Motz
218 F. App'x 221

United States v. Gibson

Opinion

PER CURIAM:

Bernard Gibson, Sr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion and the order construing his motion for reconsideration as a successive § 2255 motion and dismissing it for lack of jurisdiction. The orders are not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue *222 absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Gibson has not made the requisite showing. Accordingly, we deny Gibson’s motion for 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 the court and argument would not aid the decisional process.

DISMISSED.

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