608 F. App'x 171

UNITED STATES of America, Plaintiff-Appellee, v. Omar MARTINEZ, a/k/a Carlos Abram Valdez-Salazar, Defendant-Appellant.

No. 15-6765.

United States Court of Appeals, Fourth Circuit.

Submitted: July 21, 2015.

Decided: July 24, 2015.

Omar Martinez, Appellant Pro Se. V. Kathleen Dougherty, Office of the United States Attorney, Norfolk, Virginia, for Ap-pellee.

Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*172PER CURIAM:

Omar Martinez seeks to appeal the district court’s order granting his motion to reconsider in part and 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 ap-pealability. 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). 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, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Martinez has not made the requisite showing. Accordingly, we deny leave to proceed in forma pauper-is, 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. Martinez
608 F. App'x 171

Case Details

Name
United States v. Martinez
Decision Date
Jul 24, 2015
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608 F. App'x 171

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United States

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