US v. David Perez-Garcia
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DAVID PEREZ-GARCIA, Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Lyle E. Strom, Senior District Judge. (3:01-cr-00036-RLV-1; 3:04-cv-00429-LES)
March 17, 2009
March 20, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Perez-Garcia, Appellant Pro Se. Gretchen C.F. Shappert, United States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: David Perez-Garcia seeks to appeal the district
court's order construing his Fed. R. Civ. P. 15(c)(2) motion as a successive 28 U.S.C.A. § 2255 (West Supp. 2008) motion and denying relief. justice or judge The order is not appealable unless a circuit issues a certificate of appealability. 28
U.S.C. § 2253(c)(1) (2006). not issue absent "a
A certificate of appealability will showing of the denial (2006). of a A that the or
constitutional prisoner reasonable
right." this would by
§ 2253(c)(2) by any
demonstrating assessment is of
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 Perez-Garcia has not made the requisite showing. certificate dispense of appealability oral argument and Accordingly, we deny a the appeal. and We legal
contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
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