US v. P. Ferguson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:06-cr-00061-JFA-6,3:10-cv-70252-JFA Copies to all parties and the district court/agency. [999027383]. Mailed to: P.W. Ferguson. [12-7757]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7757
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
P. W. FERGUSON, a/k/a PW, a/k/a Patrick William Ferguson,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:06-cr-00061-JFA-6; 3:10-cv-70252-JFA)
Submitted:
January 17, 2013
Decided: January 23, 2013
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
P. W. Ferguson, Appellant Pro Se.
Jimmie Ewing, Assistant
United States Attorney, Nancy Chastain Wicker, OFFICE OF THE
UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
P. W. Ferguson seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2012)
motion.
judge
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(B) (2006).
issue
absent
“a
of
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
appealability.
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.
Slack,
529 U.S. at 484-85.
We have independently reviewed the record and conclude
that Ferguson has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
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contentions
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are
adequately
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presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
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