United States v. Deborah Bordeaux

U.S. Court of Appeals for the Fourth Circuit
United States v. Deborah Bordeaux, 459 F. App'x 217 (4th Cir. 2011)

United States v. Deborah Bordeaux

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 11-7148

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DEBORAH BORDEAUX,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Richard M. Gergel, District Judge. (4:02-cr-00673-RMG-5; 4:09-cv-70013-RMG)

Submitted: December 13, 2011 Decided: December 20, 2011

Before MOTZ, KING, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Deborah Bordeaux, Appellant Pro Se. Jimmie Ewing, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Deborah Bordeaux seeks to appeal the district court’s

order denying relief on her

28 U.S.C.A. § 2255

(West Supp. 2011)

motion. 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 Bordeaux has not made the requisite showing.

Accordingly, we deny a certificate of appealability, deny

Bordeaux’s pending motions to supplement the record and amend

her § 2255 motion, and dismiss the appeal. We dispense with

oral argument because the facts and legal contentions are

2 adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED

3

Reference

Status
Unpublished