US v. Hector Ruiz-Zunigo

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UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 7:05-cr-00039-F-1,7:16-cv-00037-F Copies to all parties and the district court/agency. [1000002615]. Mailed to: Hector Edgardo Ruiz-Zunigo. [16-7213]

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Appeal: 16-7213 Doc: 8 Filed: 01/12/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7213 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. HECTOR EDGARDO RUIZ-ZUNIGO, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Senior District Judge. (7:05-cr-00039-F-1; 7:16-cv-00037-F) Submitted: January 5, 2017 Decided: January 12, 2017 Before DIAZ, THACKER, and HARRIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Hector Edgardo Ruiz-Zunigo, Appellant Pro Se. Ethan A. Ontjes, 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 Unpublished opinions are not binding precedent in this circuit.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: 16-7213 Doc: 8 Filed: 01/12/2017 Pg: 2 of 3 PER CURIAM: Hector Edgardo Ruiz-Zunigo § 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 Ruiz-Zunigo has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal Appeal: 16-7213 Doc: 8 contentions Filed: 01/12/2017 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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