UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6127
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MIGUEL ANGEL LARA-ALVAREZ,
Defendant – Appellant.
No. 08-6165
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MIGUEL ANGEL LARA-ALVAREZ,
Defendant – Appellant.
Appeals from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (7:01-cr-00130-F-3; 7:05-cv-00069-F)
Submitted: September 30, 2008 Decided: October 24, 2008
Before MOTZ, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Miguel Angel Lara-Alvarez, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Miguel Angel Lara-Alvarez seeks to appeal the district
court’s orders denying relief on his 28 U.S.C. § 2255 (2000)
motion and denying his motion for a certificate of
appealability. An order denying relief in a § 2255 proceeding
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 Lara-Alvarez has not made the requisite showing.
Accordingly, we deny a certificate of appealability and dismiss
the appeals. 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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