UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7325
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
REYNALDO S. LUNA,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge.
(CR-01-359-MJG; CA-03-482-MJG)
Submitted: March 5, 2004 Decided: March 29, 2004
Before WILKINSON, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Reynaldo S. Luna, Appellant Pro Se. Stephen Matthew Schenning,
Lisa M. Griffin, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Reynaldo S. Luna seeks to appeal the district court’s
order denying relief on his motion filed under 28 U.S.C. § 2255
(2000). 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
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, 336 (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 Luna has not made the requisite showing.
Accordingly, we deny a certificate of appealability, deny leave to
proceed in forma pauperis 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
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