US v. Reymundo Rodriguez
UNPUBLISHED PER CURIAM OPINION filed. A certificate of appealability is denied. Originating case number: 1:06-cr-00004-MR-1, 1:16-cv-00228-MR. Copies to all parties and the district court/agency . Mailed to: Reymundo Monge Rodriguez. [16-7519]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
REYMUNDO MONGE RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:06-cr-00004-MR-1; 1:16-cv-00228-MR)
February 23, 2017
February 28, 2017
Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Dismissed by unpublished per curiam opinion.
Reymundo Monge Rodriguez, Appellant Pro Se.
Rose, United States Attorney, Michael E. Savage, Assistant
United States Attorney, Charlotte, North Carolina; Amy Elizabeth
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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The order is not appealable unless a circuit justice or
§ 2253(c)(1)(B) (2012).
A certificate of appealability will not
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
Rodriguez 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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