United States v. Torres , 100 F. App'x 949 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6529
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
D’ANDRE TORRES, a/k/a “D”, a/k/a Danny Scott,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CR-92-153; CA-98-369-MU)
Submitted: June 10, 2004 Decided: June 21, 2004
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
D’Andre Torres, Appellant Pro Se. Robert James Conrad, Jr., United
States Attorney, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
D’Andre Torres seeks to appeal the district court’s order
denying Torres’ motion under Fed. R. Civ. P. 60(b), in which Torres
sought to vacate the district court’s order dismissing as untimely
his motion filed under 28 U.S.C. § 2255 (2000). The order is
appealable only if a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1) (2000); Reid v. Angelone,
___ F.3d ___, ___, No. 03-6146, 2004 WL 1119646 at *4 (4th Cir. May
19, 2004). 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 his
constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003);
Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d
676, 683 (4th Cir. 2001). We have independently reviewed the
record and conclude that Torres 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 the
court and argument would not aid the decisional process.
DISMISSED
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