US v. Orlan Valle, No. 14-6697 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6697 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ORLAN HERNAN VALLE, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Senior District Judge. (1:08-cr-00022-NCT-1; 1:11-cv00150-NCT-JLW) Submitted: September 23, 2014 Before NIEMEYER and Senior Circuit Judge. GREGORY, Decided: Circuit September 26, 2014 Judges, and HAMILTON, Dismissed by unpublished per curiam opinion. Orlan Hernan Valle, Appellant Pro Se. Michael A. DeFranco, Angela Hewlett Miller, Assistant United States Attorneys, TerriLei O Malley, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Orlan court s order Hernan Valle accepting the seeks to appeal recommendation of the the district magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate § 2253(c)(1)(B) (2012). issue absent a of appealability. U.S.C. A certificate of appealability will not substantial constitutional right. 28 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); see Miller-El v. 537 U.S. 322, 336-38 (2003). We have independently reviewed the record and conclude that Valle has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with contentions are oral argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. DISMISSED 2

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