United States of America v. Francisco Cazarez Castillo

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8251
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
FRANCISCO CAZAREZ CASTILLO,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (6:04-cr-00112-HMH-3; 6:08-cv-70095-HMH)
Submitted: March 17, 2009 Decided: March 23, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Francisco Cazarez Castillo, Appellant Pro Se. Regan Alexandra
Pendleton, Assistant United States Attorney, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Francisco Cazarez Castillo seeks to appeal the
district court’s order denying relief on his 28 U.S.C.A. § 2255
(West Supp. 2008) 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 (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 Castillo 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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