US v. Ricardo Mendez-Valdez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 5:06-cr-00009-RLV-DCK-1,5:12-cv-00091-RLV Copies to all parties and the district court/agency. [999132180]. Mailed to: Ricardo Mendez-Valdez. [13-6646]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-6646

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICARDO MENDEZ-VALDEZ, a/k/a Diego,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge.
(5:06-cr-00009-RLV-DCK-1; 5:12-cv00091-RLV)

Submitted:

June 13, 2013

Decided:

June 18, 2013

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ricardo Mendez-Valdez, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ricardo
court’s

order

Mendez-Valdez

dismissing

(West Supp. 2012) motion.

as

seeks

untimely

to

appeal

his

28

the

district

U.S.C.A.

§

2255

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

both

on

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

ruling

must
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

Mendez-Valdez

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

2

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court

and

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argument

would

not

aid

the

decisional

process.
DISMISSED

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