United States v. Mondragon

U.S. Court of Appeals for the Fourth Circuit
United States v. Mondragon, 84 F. App'x 312 (4th Cir. 2003)

United States v. Mondragon

Opinion

PER CURIAM.

Miguel Aviles Mondragon seeks to appeal the district court’s order and order on reconsideration dismissing his 28 U.S.C. § 2255 (2000) motion. Mondragon cannot appeal these orders unless a circuit judge or justice issues a certificate of appealabili-

*313 ty, and a certifícate of appealability mil 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, 326, 123 S.Ct. 1029, 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 Mondragon 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 before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Miguel Aviles MONDRAGON, A/K/A Manuel Arrellano Munoz, Defendant-Appellant
Status
Unpublished