United States v. Garcia , 180 F. App'x 434 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-7093
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    VENTURA GARCIA,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.  Lacy H. Thornburg,
    District Judge. (CR-01-52; CA-05-209)
    Submitted:   February 28, 2006              Decided:   May 15, 2006
    Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Ventura Garcia, Appellant Pro Se. Jill Westmoreland Rose, OFFICE
    OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Ventura Garcia seeks to appeal from the district court’s
    order denying relief on his 
    28 U.S.C. § 2255
     (2000) motion, which
    the district court properly construed as a second or successive
    § 2255 motion for which authorization from this court had not been
    granted.    The order is not appealable unless a circuit justice or
    judge     issues   a   certificate    of     appealability.    
    28 U.S.C. § 2253
    (c)(1) (2000). 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
    the district court’s assessment of his constitutional claims is
    debatable or wrong and that any dispositive procedural rulings by
    the district court are also debatable or wrong.          See Miller-El v.
    Cockrell, 
    537 U.S. 322
    , 336-38 (2003); Slack v. McDaniel, 
    529 U.S. 473
    , 484 (2000); Rose v. Lee, 
    252 F.3d 676
    , 683-84 (4th Cir. 2001).
    We have independently reviewed the record and conclude that Garcia
    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
    - 2 -
    

Document Info

Docket Number: 05-7093

Citation Numbers: 180 F. App'x 434

Judges: Michael, Motz, Per Curiam, Traxler

Filed Date: 5/15/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023