US v. Luz Rodriguez
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 5:08-cr-00038-JPJ-2,5:10-cv-80280-JPJ-RSB Copies to all parties and the district court/agency. [999010123].. [12-6703]
Appeal: 12-6703
Doc: 20
Filed: 12/26/2012
Pg: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6703
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUZ RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Harrisonburg. James P. Jones, District
Judge. (5:08-cr-00038-JPJ-2; 5:10-cv-80280-JPJ-RSB)
Submitted:
December 20, 2012
Decided:
December 26, 2012
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jeffrey Michael Brandt, ROBINSON & BRANDT, PSC, Covington,
Kentucky, for Appellant.
Jeb Thomas Terrien, Assistant United
States Attorney, Louis K. Nagy, OFFICE OF THE UNITED STATES
ATTORNEY, Harrisonburg, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 12-6703
Doc: 20
Filed: 12/26/2012
Pg: 2 of 3
PER CURIAM:
Luz
Rodriguez
seeks
to
appeal
the
district
court’s
order denying relief on her 28 U.S.C.A. § 2255 (West Supp. 2012)
motion.
judge
The order is not appealable unless a circuit justice or
issues
a
certificate
§ 2253(c)(1)(B) (2006).
issue
absent
“a
of
28
U.S.C.
A certificate of appealability will not
substantial
constitutional right.”
appealability.
showing
of
the
denial
28 U.S.C. § 2253(c)(2) (2006).
of
a
When the
district court denies relief on the merits, a prisoner satisfies
this
standard
by
demonstrating
that
reasonable
jurists
would
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
484
Cockrell,
(2000);
(2003).
see
Miller-El
v.
537
U.S.
322,
336-38
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 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 Rodriguez has not made the requisite showing.
Accordingly,
we deny a certificate of appealability and dismiss the appeal.
We
dispense
with
oral
argument
2
because
the
facts
and
legal
Appeal: 12-6703
Doc: 20
contentions
are
Filed: 12/26/2012
adequately
Pg: 3 of 3
presented
in
the
materials
before
this court and argument would not aid the decisional process.
DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?