UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7215
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ISABEL GONZALEZ, a/k/a Chabello, a/k/a Isabel
Garcia,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Terrence W. Boyle,
District Judge. (5:00-cr-00077-BO; 5:02-cv-000726-BO)
Submitted: November 20, 2007 Decided: November 29, 2007
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Isabel Gonzalez, Appellant Pro Se. Steve R. Matheny, OFFICE OF THE
UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Isabel Gonzalez seeks to appeal the district court’s
order denying relief on his Fed. R. Civ. P. 60(b) motion for
reconsideration of the district court’s order denying relief on his
28 U.S.C. § 2255 (2000) motion. 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 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 (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 Gonzalez has not made the requisite showing.
Accordingly, we deny Gonzalez’s motion for 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
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