US v. Oscar Lobo-Lopez

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:08-cr-00194-TSE-1,1:16-cv-00761-TSE Copies to all parties and the district court/agency. [1000179298]. Mailed to: Oscar Omar Lobo-Lopez. [17-6668]

Appeal: 17-6668

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Filed: 10/24/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6668

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
OSCAR OMAR LOBO-LOPEZ, a/k/a Joker,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. T. S. Ellis, III, Senior District Judge. (1:08-cr-00194-TSE-1; 1:16-cv00761-TSE)

Submitted: October 19, 2017

Decided: October 24, 2017

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Oscar Omar Lobo-Lopez, Appellant Pro Se. Patricia T. Giles, Morris Rudolph Parker,
Jr., Assistant United States Attorneys, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6668

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Filed: 10/24/2017

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PER CURIAM:
Oscar Omar Lobo-Lopez seeks to appeal the district court’s order denying relief
on his motion to place his 28 U.S.C. § 2255 (2012) motion in abeyance. 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.” 28 U.S.C. § 2253(c)(2) (2012). 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 Lobo-Lopez has
not made the requisite showing. Accordingly, we deny a certificate of appealability and
dismiss the appeal.

We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
DISMISSED

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