UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6503
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD MIMMS, a/k/a Gerald King,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior
District Judge. (7:00-cr-00022-JCT-RSB-1; 7:12-cv-80398-JCT-
RSB; 7:12-cv-80411-JCT-RSB)
Submitted: July 26, 2012 Decided: August 2, 2012
Before MOTZ, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Reginald Mimms, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Reginald Mimms seeks to appeal the district court’s
orders construing his motions for a writ of audita querela as 28
U.S.C.A. § 2255 (West Supp. 2012) motions, and denying them for
failure to first obtain authorization from this court to file a
successive § 2255 motion. See 28 U.S.C.A. §§ 2244(b)(2), 2255
(West 2000 & Supp. 2012). The orders are not appealable unless
a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(B) (2006). A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2)
(2006). 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 (2000); see Miller-
El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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 Mimms has not made the requisite showing. Accordingly, we
deny a certificate of appealability and dismiss the appeal. We
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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
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