Donald Mazariegos-Vicente v. Woodson ( 2023 )

USCA4 Appeal: 23-6030 Doc: 14 Filed: 05/23/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6030
DONALD CIPRIANO MAZARIEGOS-VICENTE, a/k/a Donald Cipriano Mazariegos-
Vincente,
Petitioner - Appellant,
v.
WOODSON, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Anthony John Trenga, Senior District Judge. (1:22-cv-01369-AJT-IDD)
Submitted: May 18, 2023 Decided: May 23, 2023
Before NIEMEYER, RICHARDSON, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Donald Cipriano Mazariegos-Vicente, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6030 Doc: 14 Filed: 05/23/2023 Pg: 2 of 2
PER CURIAM:
Donald Cipriano Mazariegos-Vicente seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 petition as an unauthorized, successive § 2254 petition.
The order is not appealable unless a circuit justice or judge issues a certificate of
appealability. See 28 U.S.C. § 2253(c)(1)(A). 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). When, as here, the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural ruling is debatable and that
the petition states a debatable claim of the denial of a constitutional right. Gonzalez v.
Thaler, 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)).
We have independently reviewed the record and conclude that Mazariegos-Vicente
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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