US v. Bernard Gibson, Jr., No. 08-8314 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8314 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. BERNARD GIBSON, JR., Defendant -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-7) Submitted: April 23, 2009 Decided: May 1, 2009 Before MICHAEL, GREGORY, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Bernard Gibson, Jr., Appellant Pro Se. Stuart A. Berman, Chan Park, Sandra Wilkinson, Assistant United States Attorneys, Greenbelt, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Bernard court s order Gibson, Jr., construing seeks his to petition appeal for a the writ district of audita querela as a successive motion under 28 U.S.C.A. § 2255 (West Supp. 2008), and dismissing it for lack of jurisdiction. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1) (2006). appealability will not issue absent a substantial showing of the denial of a constitutional right. 28 U.S.C. standard § 2253(c)(2) by (2006). demonstrating that A prisoner reasonable satisfies jurists would this 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 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). conclude We that have Gibson independently has not made reviewed the the record requisite and 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 the court and argument would not aid the decisional process. DISMISSED 2

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