US v. Fernando Nunez, No. 14-6763 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6763 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. FERNANDO MIGUEL NUNEZ, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:08-cr-00262-D-1; 5:11-cv-00193-D) Submitted: July 24, 2014 Before FLOYD and Circuit Judge. THACKER, Decided: Circuit Judges, and July 29, 2014 DAVIS, Senior Dismissed by unpublished per curiam opinion. Fernando Miguel Nunez, Appellant Pro Se. Ethan A. Ontjes, Assistant United States Attorney, Shailika K. Shah, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Fernando court s order Miguel denying Nunez relief seeks on to his 28 appeal U.S.C. the district § 2255 (2012) motion, and its subsequent order denying reconsideration. orders are issues not a appealable certificate § 2253(c)(1)(B) (2012). issue absent a unless of circuit justice appealability. or 28 judge U.S.C. A certificate of appealability will not substantial constitutional right. a The 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 Nunez has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because 2 the facts and We legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3
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