US v. Cathy Ferguson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:09-cr-00890-TMC-1,7:13-cv-00252-TMC Copies to all parties and the district court/agency. [999156391]. Mailed to: Cathy Ferguson. [13-6463]

Appeal: 13-6463

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6463

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CATHY DIANE FERGUSON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Spartanburg.
Timothy M. Cain, District
Judge. (7:09-cr-00890-TMC-1; 7:13-cv-00252-TMC)

Submitted:

July 18, 2013

Decided:

July 23, 2013

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cathy Diane Ferguson, Appellant Pro Se. David Calhoun Stephens,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Cathy
court’s

order

Diane

Ferguson

dismissing

her

2013) motion as successive.
a

circuit

justice

appealability.

or

seeks
28

to

appeal

U.S.C.A.

the

§ 2255

district

(West

Supp.

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.

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