US v. Cirilo Mata-Rosale


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying for certificate of appealability Originating case number: 1:11-cr-00079-JAB-1,1:13-cv-00447-JAB-LPA Copies to all parties and the district court/agency. [999650481]. Mailed to: Mata-Rosales. [15-6460]

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Appeal: 15-6460 Doc: 7 Filed: 08/31/2015 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6460 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. CIRILO MATA-ROSALES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Senior District Judge. (1:11-cr-00079-JAB-1; 1:13-cv-00447-JABLPA) Submitted: August 27, 2015 Decided: August 31, 2015 Before GREGORY, AGEE, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Cirilo Mata-Rosales, Appellant Pro Se. Arnold L. Husser, OFFICE OF THE UNITED STATES ATTORNEY, Michael Francis Joseph, Angela Hewlett Miller, Assistant United States Attorneys, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-6460 Doc: 7 Filed: 08/31/2015 Pg: 2 of 3 PER CURIAM: Cirilo Mata-Rosales seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. A certificate of 28 U.S.C. § 2253(c)(1)(B) (2012). appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). relief on the demonstrating district merits, that court’s debatable or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find U.S. that the claims constitutional 529 by is 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 claim of the denial of a constitutional right. a debatable Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Mata-Rosales 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: 15-6460 Doc: 7 contentions Filed: 08/31/2015 are adequately Pg: 3 of 3 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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