US v. Joshua Jimenez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case numbers: 1:10-cr-00633-CCB-1,1:13-cv-01610-CCB. Copies to all parties and the district court/agency. [999364634]. Mailed to: Joshua Jimenez. [14-6165]

Appeal: 14-6165

Doc: 9

Filed: 05/29/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6165

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSHUA JIMENEZ,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:10-cr-00633-CCB-1; 1:13-cv-01610-CCB)

Submitted:

May 22, 2014

Before TRAXLER,
Circuit Judges.

Chief

Decided: May 29, 2014

Judge,

and

HAMILTON

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Joshua Jimenez, Appellant Pro Se. Benjamin M. Block, OFFICE OF
THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-6165

Doc: 9

Filed: 05/29/2014

Pg: 2 of 3

PER CURIAM:
Joshua Jimenez seeks to appeal the district court’s
order dismissing as untimely his 28 U.S.C. § 2255 (2012) motion.
The order is not appealable unless a circuit justice or judge
issues

a

certificate

§ 2253(c)(1)(B) (2012).
issue

absent

“a

of

appealability.

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

28

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 Jimenez 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: 14-6165

Doc: 9

contentions

Filed: 05/29/2014

are

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.
DISMISSED

3