US v. Isabel Gonzalez, No. 10-6985 (4th Cir. 2011)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-6985 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ISABEL GONZALEZ, a/k/a Chabello, a/k/a Isabel Garcia, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:00-cr-00077-BO-1; 5:02-cv-00726-BO) Submitted: January 13, 2011 Decided: January 19, 2011 Before MOTZ, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Isabel Gonzalez, Appellant Pro Se. Steve R. Matheny, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Isabel Gonzalez seeks to appeal the district court s order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. not appealable unless a circuit certificate of appealability. Reid v. Angelone, A certificate of 369 justice or The order is judge issues a 28 U.S.C. § 2253(c)(1) (2006); F.3d 363, appealability 369 will (4th not Cir. issue 2004). absent 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 that We have Gonzalez independently has not reviewed made the record requisite and showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts 2 and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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