US v. Cipriano Diaz-Galiana, No. 13-7807 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7807 UNITED STATES OF AMERICA, Plaintiff Appellee, v. CIPRIANO DIAZ-GALIANA, a/k/a Vicente Vicente Diaz Rosas, a/k/a Vicente Diaz, Diaz-Rosas, a/k/a Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Dever III, Chief District Judge. (7:10-cr-00071-D-1; 7:13-cv-00123-D) Submitted: April 22, 2014 Decided: May 2, 2014 Before NIEMEYER, MOTZ, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Cipriano Diaz-Galiana, Appellant Pro Se. Sebastian Kielmanovich, Assistant United States Attorney, Seth Morgan Wood, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Cipriano Diaz-Galiana his 28 district The order is not appealable unless a circuit justice or certificate § 2253(c)(1)(B) (2012). issue absent a of § 2255 appealability. 28 (2012) U.S.C. A certificate of appealability will not substantial constitutional right. U.S.C. the motion. a on appeal order issues relief to court s judge denying seeks showing of the denial 28 U.S.C. § 2253(c)(2) (2012). 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 motion 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 Diaz-Galiana 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 this court and argument would not aid the decisional process. DISMISSED 3
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