United States v. Padilla-Hernandez , 84 F. App'x 283 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7085
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JUAN MANUEL PADILLA-HERNANDEZ, a/k/a Francisco
Fonceca-Ballesteros, a/k/a Manuel Padilla
Hernandez, a/k/a Fonceca,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Frank W. Bullock, Jr.,
District Judge. (CR-98-136)
Submitted: November 21, 2003 Decided: December 22, 2003
Before WIDENER, WILLIAMS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Juan Manuel Padilla-Hernandez, Appellant Pro Se. Michael Francis
Joseph, Assistant United States Attorney, Greensboro, North
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Juan Manuel Padilla-Hernandez seeks to appeal the district
court’s order adopting the orders of the magistrate judge and
dismissing his 28 U.S.C. § 2255 (2000) motion without prejudice.
Padilla-Hernandez cannot appeal this order unless a circuit judge
or justice issues a certificate of appealability, and 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 habeas appellant meets 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, , 123 S. Ct. 1029, 1039 (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
Padilla-Hernandez has not made the requisite showing. Accordingly,
we deny a certificate of appealability and dismiss the appeal. We
grant Padilla-Hernandez leave to proceed on appeal in forma
pauperis and 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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