U.S. Court of Appeals for the Fourth Circuit, 2004

Escobar v. Angelone

Escobar v. Angelone
U.S. Court of Appeals for the Fourth Circuit · Decided July 14, 2004 · Motz, King, Gregory
102 F. App'x 354

Escobar v. Angelone

Opinion

PER CURIAM:

Oscar A. Escobar seeks to appeal the district court’s order denying Escobar’s motion under Fed.R.Civ.P. 60(b), in which Escobar sought to vacate the district court’s order denying his petition under 28 U.S.C. § 2254 (2000). The order is appeal-able only if a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone, 369 F.3d 363, 369 (4th Cir. 2004). 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 prisoner satisfies 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, 336, 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 that Escobar has not made the requisite showing. * Accordingly, we deny a certifi *355 cate 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

*

We note that even if the Rule 60(b) motion was subject to the "reasonable time” filing *355 limit, rather than the one-year limit applicable to motions under subsections (1), (2), and (3) of Rule 60(b), the underlying denial of Escobar’s § 2254 petition was not debatable or wrong.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.