U.S. Court of Appeals for the Fourth Circuit, 2014

United States v. Orlan Valle

United States v. Orlan Valle
U.S. Court of Appeals for the Fourth Circuit · Decided September 26, 2014 · Gregory, Hamilton, Niemeyer, Per Curiam
583 F. App'x 252

United States v. Orlan Valle

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding-precedent in this circuit.

PER CURIAM:

Orlan Hernan Valle seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appeal-able unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003).

We have independently reviewed the record and conclude that Valle 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 this court and argument would not aid the decisional process.

DISMISSED.

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