US v. Ferreira
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus JOSE FERREIRA, Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:90-cr-00432-AVB; 97-cv-637)
Submitted: August 24, 2006
Decided: September 1, 2006
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jose Ferreira, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM: Jose Ferreira seeks to appeal the district court's order denying his Fed. R. Civ. P. 60(b) motion that sought to vacate the district court's denial of his 28 U.S.C. § 2255 (2000) motion. The
order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); A certificate
Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004).
of appealability will not issue absent "a substantial showing of the denial of a constitutional right." (2000). 28 U.S.C. § 2253(c)(2)
A prisoner satisfies this standard by demonstrating that jurists would find that any assessment of the
constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38
(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently
reviewed the record and conclude that Ferreira has not made the requisite showing. Accordingly, we deny a certificate of
appealability and dismiss the appeal.
We 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.
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