Robles-Garcia v. United States of America

Filing 27

ORDER denying 25 Pro Se Motion for Certificate of Appealability. No certificate of appealability will issue for any claim or contention in his Section 2255 Motion or his Motion for Reconsideration. Signed by Judge Mark W Bennett on 6/2/14. (copy w/nef mailed to pro se filer) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
GERMAN ROBLES-GARCIA,
No. C 13-4031-MWB
(No. CR 10-4011-MWB)

Petitioner,
vs.
UNITED STATES OF AMERICA,

REQUEST FOR CERTIFICATE OF
APPEALABILITY

Respondent.
___________________________
This case is before me on petitioner Robles-Garcia’s pro se correspondence,
docketed June 2, 2014, which I construe as a Request For Certificate Of Appealability
(docket no. 25). In support of his Request, he asserts—and offers the affidavit of a
prisoner who assisted him with preparing his “[Motion For] Reconsideration In
Accordance With FcRp 59(e)” (docket no. 16) averring—that the prisoner assisting him
misunderstood whether or not he had ever been offered a plea agreement in the course of
his underlying criminal case.
Robles-Garcia’s argument does not establish that there is any basis for relief on
either his original § 2255 Motion or his Motion For Reconsideration, that any issue raised
in his original § 2255 Motion or his Motion For Reconsideration is debatable among
reasonable jurists, that a court could resolve any such issue differently, or that any such
issue deserves further proceedings.

Consequently, I reiterate that a certificate of

appealability on either his original § 2255 Motion or his Motion For Reconsideration
must be denied. See 28 U.S.C. § 2253(c)(1)(B); Miller-El v. Cockrell, 537 uct 322, 33536; Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998).

THEREFORE, petitioner Robles-Garcia’s pro se Request For A Certificate Of
Appealability (docket no. 25) is denied. No certificate of appealability will issue for any
claim or contention in his § 2255 Motion or his Motion For Reconsideration.
IT IS SO ORDERED.
DATED this 2nd day of June, 2014.

______________________________________
MARK W. BENNETT
U.S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

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