Ayala v. Hinkle

U.S. Court of Appeals for the Fourth Circuit
Ayala v. Hinkle, 230 F. App'x 300 (4th Cir. 2007)

Ayala v. Hinkle

Opinion

PER CURIAM:

Juan Ramon Ayala seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certifícate of appeal-ability. 28 U.S.C. § 2253(c)(1) (2000). 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 any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 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, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Ayala has not made the requisite showing. Accordingly, we deny Ayala’s motion for a certifícate of appealability, deny his motion for leave to proceed in forma pauperis, deny his motion for judicial notice, 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
Juan Ramon AYALA, Petitioner-Appellant, v. George HINKLE, Warden, Respondent-Appellee
Status
Unpublished