United States v. Benjamin Gibbs , 690 F. App'x 130 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-6135
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
BENJAMIN A. GIBBS, a/k/a Hev, a/k/a Bubba,
Defendant - Appellant.
Appeal from the United States District Court for the District of South Carolina, at
Beaufort. Patrick Michael Duffy, Senior District Judge. (9:98-cr-00322-PMD-2;
9:16-cv-01484-PMD)
Submitted: May 23, 2017 Decided: May 26, 2017
Before KING, AGEE, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Benjamin A. Gibbs, Appellant Pro Se. Emily Evans Limehouse, OFFICE OF THE
UNITED STATES ATTORNEY, Dean Hodge Secor, Assistant United States Attorney,
Charleston, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Benjamin A. Gibbs seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2255 (2012) 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) (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 Gibbs 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
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