US v. Augusto Loyola, No. 10-6365 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6365 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. AUGUSTO LOYOLA, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:05-cr-00521-LMB-1; 1:09-cv-01415-LMB) Submitted: July 27, 2010 Decided: August 5, 2010 Before TRAXLER, Chief Judge, and WILKINSON and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Augusto Loyola, Appellant Pro Se. Dennis Michael Fitzpatrick, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Augusto Loyola seeks to appeal the district court s orders denying relief on his 28 U.S.C.A. § 2255 (West 2010) motion and his claim for equitable tolling. Supp. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. certificate of 28 U.S.C. § 2253(c)(1) (2006). appealability will not issue absent A a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2) (2006). relief on the demonstrating district debatable merits, that court s or a When the district court denies prisoner reasonable assessment wrong. Slack satisfies jurists this would of the v. McDaniel, standard find that U.S. the claims constitutional 529 by is 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 the 484-85. conclude We that Accordingly, we have Loyola deny independently has not Loyola s reviewed made motion appealability and dismiss the appeal. the for record requisite a and showing. certificate of We dispense with oral argument because the facts and legal contentions are adequately 2 presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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