US v. Wilfredo Lora

Filing 920100304

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8005 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. WILFREDO GONZALEZ LORA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:98-cr-00358-LMB-4; 1:09-cv-01008-LMB) Submitted: February 25, 2010 Decided: March 4, 2010 Before DUNCAN and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Wilfredo Gonzalez Lora, Appellant Pro Se. Thomas More Hollenhorst, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Wilfredo Gonzalez Lora seeks to appeal the district court's order construing his complaint as a successive 28 U.S.C.A. 2255 (West Supp. 2009) motion and dismissing it for lack of jurisdiction and the order denying his Fed. R. Civ. P. 59(e) motion. justice or judge The orders are 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 substantial 28 constitutional prisoner reasonable right." this would by U.S.C. standard 2253(c)(2) by any satisfies jurists demonstrating assessment is of find the that constitutional claims district court debatable 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 Lora has not made the requisite showing. Accordingly, we deny a certificate We dispense with oral of appealability and dismiss the appeal. 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 2

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