U.S. v. FUENTES-GONZALES, 377 Fed.Appx. 282 (4th Cir. 2010)

No. 09-7704.United States Court of Appeals, Fourth Circuit.Submitted: April 20, 2010.
Decided: May 5, 2010.

Appeal from the United States District Court for the Western District of North

Page 283

Carolina, at Statesville. Graham C. Mullen, Senior District Judge. (5:02-cr-00007-GCM-1; 3:09-cv-00333-GCM; 3:01-cr-00221-GCM-1).

Jose Fuentes-Gonzales, Appellant Pro Se. Michael E. Savage, Assistant United States Attorney, Charlotte, North Carolina, for Appellee.

Before MOTZ and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jose Fuentes-Gonzales seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C.A. § 2255
(West Supp. 2009) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (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). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Fuentes-Gonzales 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.