Bernard Gibson, Jr. v. Eric Wilson

U.S. Court of Appeals for the Fourth Circuit
Bernard Gibson, Jr. v. Eric Wilson, 585 F. App'x 285 (4th Cir. 2014)

Bernard Gibson, Jr. v. Eric Wilson

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Bernard Gibson, Jr., seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2012) petition, which the court correctly treated as a successive 28 U.S.C. § 2255 (2012) motion, as well as its order denying Gibson’s Fed.R.Civ.P. 59(e) motion. The orders are 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 ap-pealability will not issue absent “a substantial showing of the denial of a constitution *286 al right.” 28 U.S.C. § 2258(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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (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, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Gibson has not made the requisite showing. Accordingly, we deny Gibson’s application to proceed in forma pauperis, deny a certificate of ap-pealability, 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.

Reference

Full Case Name
Bernard GIBSON, Jr., Petitioner-Appellant, v. Eric D. WILSON, Respondent-Appellee
Status
Unpublished