US v. Sabino Torres-Flore

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999580407-2] Originating case number: 7:10-cr-00070-FL-2,7:13-cv-00076-FL Copies to all parties and the district court/agency. [999628042].. [15-6178]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6178

UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
SABINO TORRES-FLORES,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:10-cr-00070-FL-2; 7:13-cv-00076-FL)

Submitted:

July 23, 2015

Decided:

July 27, 2015

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Lee Davis, III, Lumberton, North Carolina, for Appellant.
Jennifer E. Wells, Seth Morgan Wood, 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Unpublished opinions are not binding precedent in this circuit.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:
Sabino Torres-Flores seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
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 of appealability.

28 U.S.C. § 2253(c)(1)(B) (2012).

A certificate of appealability will not issue absent “a substantial
showing of the denial of a constitutional right.”
§ 2253(c)(2) (2012).

28 U.S.C.

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 (2000); see Miller-El v. Cockrell, 537
U.S. 322, 336-38 (2003).

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
Torres-Flores has not made the requisite showing.

Accordingly, we

deny Torres-Flores’ motion for a certificate of appealability and
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are

2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

DISMISSED

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