US v. Hector Ruiz-Zunigo
UNPUBLISHED PER CURIAM OPINION filed.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. . Mailed to: Hector Edgardo Ruiz-Zunigo. [16-7213]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
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)
January 5, 2017
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Dismissed by unpublished per curiam opinion.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
Unpublished opinions are not binding precedent in this circuit.
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§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
The order is not appealable unless a circuit justice or
28 U.S.C. § 2253(c)(2) (2012).
district court denies relief on the merits, a prisoner satisfies
find that the district court’s assessment of the constitutional
claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473,
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.
529 U.S. at 484-85.
We have independently reviewed the record and conclude that
Ruiz-Zunigo has not made the requisite showing.
deny a certificate of appealability and dismiss the appeal.
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this court and argument would not aid the decisional process.
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