Nery Salinas v. Jeffrey Dillman, No. 10-7117 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7117 NERY ARNOLDO SALINAS, Petitioner Appellant, v. JEFFREY DILLMAN, Warden, Green Rock Correctional Center, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:09-cv-00510-MHL) Submitted: October 8, 2010 Decided: November 12, 2010 Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Nery Arnoldo Salinas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nery Arnoldo Salinas seeks to appeal the magistrate judge s order petition. denying relief on his 28 U.S.C. (2006) The order is not appealable unless a circuit justice or judge issues a certificate of appealability. § 2253(c)(1) (2006). issue § 2254 absent a A certificate of appealability will not substantial constitutional right. See 28 U.S.C. showing of the denial 28 U.S.C. § 2253(c)(2) (2006). of a 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 Cockrell, (2000); (2003). see Miller-El v. 537 U.S. 322, 336-38 When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. 529 U.S. at 484-85. Slack, We have independently reviewed the record and conclude that Salinas 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 2 before the court and argument would not aid the decisional process. DISMISSED 3

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