US v. Pernell Martinez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 4:11-cr-00036-D-1,4:13-cv-00172-D Copies to all parties and the district court/agency. [999325217]. Mailed to: Pernell Romero Martinez. [13-7984]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7984

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PERNELL ROMERO MARTINEZ, a/k/a Pernell Bryant, a/k/a Pernell
Bryant Martinez,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville. James C. Dever, III,
Chief District Judge. (4:11-cr-00036-D-1; 4:13-cv-00172-D)

Submitted:

March 25, 2014

Decided:

March 28, 2014

Before GREGORY, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Pernell Romero Martinez, Appellant Pro Se.
Timothy Severo,
Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Pernell Romero Martinez seeks to appeal the district
court’s

order

motion.

The order is not appealable unless a circuit justice or

judge

issues

denying

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

relief

“a

on

of

28

U.S.C.

§ 2255

appealability.

28

(2012)

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

his

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 Martinez 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

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contentions

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are

adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3