United States v. Alvaro Alas , 514 F. App'x 350 ( 2013 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 12-7894
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    ALVARO EZEQUEIL ALAS, a/k/a Baltimore Alas, a/k/a Alvaro
    Ezequiel Alas,
    Defendant - Appellant.
    Appeal from the United States District Court for the District of
    South Carolina, at Greenville.    Henry M. Herlong, Jr., Senior
    District Judge. (6:09-cr-01067-HMH-1; 6:12-cv-01814-HMH)
    Submitted:   March 14, 2013                 Decided:   March 19, 2013
    Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Alvaro Ezequeil Alas, Appellant Pro Se. Andrew Burke Moorman,
    OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Alvaro     Ezequeil      Alas       seeks    to    appeal    the   district
    court’s order denying relief on his 
    28 U.S.C.A. § 2255
     (West
    Supp.    2012)    motion.       The    order       is    not     appealable     unless    a
    circuit justice or judge issues a certificate of appealability.
    
    28 U.S.C. § 2253
    (c)(1)(B)            (2006).             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)
    (2006).    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 (2000); see Miller-El v.
    Cockrell, 
    537 U.S. 322
    , 336-38 (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
    .
    We have independently reviewed the record and conclude
    that Alas 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
    2
    contentions   are   adequately   presented   in   the   materials   before
    this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 12-7894

Citation Numbers: 514 F. App'x 350

Judges: Duncan, Hamilton, King, Per Curiam

Filed Date: 3/19/2013

Precedential Status: Non-Precedential

Modified Date: 8/6/2023