Derrick Wiggins v. Patricia Stansberry

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:10-cv-00298-HEH Copies to all parties and the district court/agency. [998661106]. Mailed to: Derrick Wiggins. [11-6460]

Appeal: 11-6460

Document: 9

Date Filed: 08/23/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6460

DERRICK LAVALLE WIGGINS,
Petitioner - Appellant,
v.
PATRICIA STANSBERRY, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Henry E. Hudson, District
Judge. (3:10-cv-00298-HEH)

Submitted:

August 18, 2011

Decided:

August 23, 2011

Before WILKINSON, DAVIS, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Derrick Lavalle Wiggins, Appellant Pro Se. Robin Perrin Meier,
OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6460

Document: 9

Date Filed: 08/23/2011

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PER CURIAM:
Derrick Lavalle Wiggins seeks to appeal the district
court’s order construing his 28 U.S.C. § 2241 (2006) petition as
a successive 28 U.S.C.A. § 2255 (West Supp. 2011) motion, and
dismissing it on that basis.
a

circuit

justice

appealability.

or

The order is not appealable unless
judge

issues

a

certificate

28 U.S.C. § 2253(c)(1)(B) (2006).

of

A certificate

of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

ruling

is

debatable, and that the motion states a debatable claim of the
denial of a constitutional right.
We

have

independently

reviewed

the

Slack, 529 U.S. at 484-85.
record

Wiggins has not made the requisite showing.

and

conclude

that

Accordingly, we

deny a certificate of appealability and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3