United States v. Bernard Gibson, Sr. , 548 F. App'x 913 ( 2013 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 13-7595
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    BERNARD GIBSON, SR., a/k/a Bernard Willis,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.     Peter J. Messitte, Senior District
    Judge. (8:94-cr-00454-PJM-2; 8:13-cv-01825-PJM)
    Submitted:   December 17, 2013            Decided:   December 20, 2013
    Before KING, GREGORY, and WYNN, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Bernard Gibson, Sr., Appellant Pro Se.  Stuart A. Berman, Chan
    Park, Assistant United States Attorneys, Greenbelt, Maryland,
    Sandra Wilkinson, Assistant United States Attorney, Baltimore,
    Maryland, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Bernard      Gibson,     Sr.,       seeks    to     appeal       the    district
    court’s order dismissing his “Motion for Relief in the Interest
    of   Justice    Under       Section    2255(f)(3)         of    Title      28     (second-in-
    time)”   as    a     successive       and   unauthorized             habeas     motion,       and
    denying his subsequent 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) (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 Gibson has not made the requisite showing.                            Accordingly, we
    deny a certificate of appealability and dismiss the appeal.                                   We
    2
    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
    3
    

Document Info

Docket Number: 19-4556

Citation Numbers: 548 F. App'x 913

Judges: King, Gregory, Wynn

Filed Date: 12/20/2013

Precedential Status: Non-Precedential

Modified Date: 11/6/2024