UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7773

UNITED STATES OF AMERICA,

Plaintiff - Appellee,
v.
RONNIE BOWMAN, a/k/a Young,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, District
Judge. (3:01-cr-00349-CMC-1; 3:05-cv-00677-CMC)

Submitted:

February 21, 2013

Before AGEE and

Circuit Judge.

DAVIS,

Circuit

Decided: February 25, 2013

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Ronnie Bowman, Appellant Pro Se.

Young, Assistant United States
Carolina, for Appellee.

Mark C. Moore, Anne Hunter

Attorneys, Columbia, South

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Ronnie

Bowman

seeks

to

appeal

the

district

courts

order denying his motion under Fed. R. Civ. P. 60(b) entitled

Independent Action in Equity. *
unless

circuit

appealability.

justice

or

The order is not appealable

judge

issues

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.

28 U.S.C. 2253(c)(2).

When the district court denies relief on the merits, a prisoner

satisfies this standard by demonstrating that reasonable jurists
would

find

that

the

district

courts

assessment

constitutional claims is debatable or wrong.

of

the

Slack v. McDaniel,

529 U.S. 473, 484 (2000); see MillerEl v. Cockrell, 537 U.S.
322, 33638 (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
right.

debatable
Slack,

529

claim

of

the

denial

U.S.

at

48485.

We

of

have

constitutional
independently

reviewed the record and conclude that Bowman has not made the

Because Bowmans Rule 60(b) motion directly attacked his

conviction, it was, in essence, an unauthorized and successive
28 U.S.C.A. 2255 (West Supp. 2012) motion over which the
district court lacked jurisdiction. United States v. Winestock,
340 F.3d 200, 206 (4th Cir. 2003).

requisite

showing.

Accordingly,

we

deny

certificate

of

appealability and dismiss the appeal.

Additionally,
and

informal

brief

we

as

construe

an

successive 2255 motion.

Bowmans

application

to

notice
file

of

appeal

second

Winestock, 340 F.3d at 208.

or

In order

to obtain authorization to file a successive 2255 motion, a

prisoner

must

discovered

assert

evidence,

claims
not

based

on

previously

either:

(1)

discoverable

newly

by

due

diligence, that would be sufficient to establish by clear and

convincing

evidence

that,

but

for

constitutional

error,

no

reasonable factfinder would have found the movant guilty of the

offense; or (2) a new rule of constitutional law, previously
unavailable, made retroactive by the Supreme Court to cases on
collateral review.
not

satisfy

28 U.S.C.A. 2255(h).

either

of

these

criteria.

Bowmans claims do
Therefore,

we

deny

authorization to file a successive 2255 motion.

We dispense with oral argument because the facts and
legal
before

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

DISMISSED