US v. Kimberly Wiggs, No. 10-6258 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6258 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KIMBERLY WIGGS, a/k/a Kim R. Wiggs, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, Senior District Judge. (3:07-cr-00095-REP-1; 3:08-cv-00791-REP) Submitted: August 19, 2010 Decided: August 27, 2010 Before MOTZ, GREGORY, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Kimberly Wiggs, Appellant Pro Se. Elizabeth Wu, Assistant United States Attorney, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kimberly Wiggs seeks to appeal the district court s order denying relief on her 28 U.S.C.A. § 2255 (West Supp. 2010) motion. judge The order is not appealable unless a circuit justice or issues a certificate § 2253(c)(1) (2006). issue absent a of appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 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. 529 U.S. at 484-85. and conclude Accordingly, appealability, that we dismiss the appeal. facts and legal We have independently reviewed the record Wiggs deny deny Slack, has not leave to the requisite motion Wiggs s made for a certificate of forma pauperis, and proceed in showing. We dispense with oral argument because the contentions are 2 adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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