571 F. App'x 183

UNITED STATES of America, Plaintiff-Appellee, v. Cynthia DAMARIZ SALAMANCA, a/k/a Alicebeth Nazario, a/k/a Marisabel Gonzalez, Defendant-Appellant.

No. 13-7039.

United States Court of Appeals, Fourth Circuit.

Submitted: April 29, 2014.

Decided: May 9, 2014.

*184Jerome Michael Brown, Philadelphia, Pennsylvania, for Appellant.

Erik Sean Siebert, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee.

Before KEENAN and THACKER, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Cynthia Damariz Salamanca seeks to appeal the district court’s order dismissing her 28 U.S.C. § 2255 (2012) motion for lack of jurisdiction. The order is not ap-pealable unless a circuit justice or judge issues a certifícate 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 procedural grounds, as in the present case, 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 v. McDaniel, 529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

We have independently reviewed the record and conclude that Salamanca 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.

United States v. Damariz Salamanca
571 F. App'x 183

Case Details

Name
United States v. Damariz Salamanca
Decision Date
May 9, 2014
Citations

571 F. App'x 183

Jurisdiction
United States

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