US v. Cipriano Diaz-Galiana

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 7:10-cr-00071-D-1,7:13-cv-00123-D Copies to all parties and the district court/agency. [999349185]. Mailed to: Diaz-Galiana. [13-7807]

Appeal: 13-7807

Doc: 15

Filed: 05/02/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7807

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CIPRIANO DIAZ-GALIANA, a/k/a Vicente
Vicente Diaz Rosas, a/k/a Vicente Diaz,

Diaz-Rosas,

a/k/a

Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
Chief District Judge. (7:10-cr-00071-D-1; 7:13-cv-00123-D)

Submitted:

April 22, 2014

Decided:

May 2, 2014

Before NIEMEYER, MOTZ, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cipriano Diaz-Galiana, Appellant Pro Se. Sebastian Kielmanovich,
Assistant United States Attorney, Seth Morgan Wood, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-7807

Doc: 15

Filed: 05/02/2014

Pg: 2 of 3

PER CURIAM:
Cipriano

Diaz-Galiana

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

U.S.C.

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

district

The order is not appealable unless a circuit justice or
certificate

his

the

motion.

a

on

appeal

order

issues

relief

to

court’s

judge

denying

seeks

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2012).

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

Diaz-Galiana

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

Appeal: 13-7807

before

Doc: 15

this

court

Filed: 05/02/2014

and

Pg: 3 of 3

argument

would

not

aid

the

decisional

process.
DISMISSED

3