Manuel Rios v. Robert Lewis, No. 12-7805 (4th Cir. 2013)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7805 MANUEL G. RIOS, Petitioner - Appellant, v. ROBERT LEWIS, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. L. Patrick Auld, Magistrate Judge. (1:11-cv-00405-LPA) Submitted: March 28, 2013 Decided: April 1, 2013 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Manuel G. Rios, Appellant Pro Se. Clarence Joe DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Manuel G. Rios seeks to appeal the magistrate judge s order dismissing petition. or judge as his 28 U.S.C. § 2254 (2006) The order is not appealable unless a circuit justice issues a certificate § 2253(c)(1)(A) (2006). issue untimely absent a appealability. 28 U.S.C. A certificate of appealability will not substantial constitutional right. of 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. Slack, 529 U.S. at 484-85. We have independently reviewed the record and conclude that Rios as not made the requisite showing. Accordingly, we deny Rios motion for a certificate of appealability, deny leave Pursuant to 28 U.S.C. § 636(c) (2006), the parties agreed to proceed before a magistrate judge and file any appeal directly in this court. 2 to proceed dispense in with contentions are forma pauperis, oral argument adequately and dismiss because presented in the the the appeal. facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 3