US v. Froilan Manansala

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [998751750-2]; denying for certificate of appealability Originating case number: 1:07-cr-00440-JCC-1,1:09-cv-00553-JCC Copies to all parties and the district court/agency. [998863681]. Mailed to: Froilan Manansala. [11-7649]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7649

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FROILAN IGNACIO MANANSALA,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:07-cr-00440-JCC-1; 1:09-cv-00553-JCC)

Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:

Circuit

Judges,

and

May 30, 2012

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Froilan Ignacio Manansala, Appellant Pro Se.
Daniel Joseph
Grooms, III, Assistant United States Attorney, Thomas J. Krepp,
OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Froilan Ignacio Manansala seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp.

2011)

motion.

The

order

is

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.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

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).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

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 Manansala has not made the requisite showing.

Accordingly,

we deny a certificate of appealability and dismiss the appeal.
We

deny

dispense

Manansala’s
with

oral

motion

for

argument

appointment

because

2

the

of

counsel.

facts

and

We
legal

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED

3