United States v. Padilla-Hernandez

U.S. Court of Appeals for the Fourth Circuit
United States v. Padilla-Hernandez, 84 F. App'x 283 (4th Cir. 2003)

United States v. Padilla-Hernandez

Opinion

PER CURIAM.

Juan Manuel Padilla-Hernandez seeks to appeal the district court’s order adopting the orders of the magistrate judge and dismissing his 28 U.S.C. § 2255 (2000) motion without prejudice. Padilla-Hernandez cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will not issue absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir. 2001).

We have independently reviewed the record and conclude that Padilla-Hernandez has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We grant Padilla-Hernandez leave to proceed on appeal in forma pauperis and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Juan Manuel PADILLA-HERNANDEZ, A/K/A Francisco Fonceca-Ballesteros, A/K/A Manuel Padilla Hernandez, A/K/A Fonceca, Defendant-Appellant
Status
Unpublished