United States v. Christopher Pureza

U.S. Court of Appeals for the Fourth Circuit

United States v. Christopher Pureza

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6347

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHRISTOPHER ADAM PUREZA,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (2:15-cr-00033-RGD-DEM-3; 2:17- cv-00572-RGD)

Submitted: September 13, 2018 Decided: September 18, 2018

Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Christopher Adam Pureza, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Christopher Adam Pureza seeks to appeal the district court’s order denying relief

on his

28 U.S.C. § 2255

(2012) motion. The order is not appealable 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

(2000); see Miller-El v.

Cockrell,

537 U.S. 322, 336-38

(2003). When the district court denies relief on

procedural grounds, the prisoner must demonstrate both that the dispositive procedural

ruling is debatable, and that the motion states a debatable claim of the denial of a

constitutional right. Slack,

529 U.S. at 484-85

.

We have independently reviewed the record and conclude that Pureza has not

made the requisite showing. Accordingly, we deny a certificate of appealability, deny

leave to proceed in forma pauperis, 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

2

Reference

Status
Unpublished