[go: up one dir, main page]
Scribd
Upload
30 views2 pages

Castellon v. McCabe, 4th Cir. (2005)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by Rogelio Alonso Castellon under 28 U.S.C. § 2254. The district court denied relief on Castellon's petition. The Fourth Circuit independently reviewed the record and determined that Castellon did not make a substantial showing that his constitutional rights were denied. As a result, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
30 views2 pages

Castellon v. McCabe, 4th Cir. (2005)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a petition filed by Rogelio Alonso Castellon under 28 U.S.C. § 2254. The district court denied relief on Castellon's petition. The Fourth Circuit independently reviewed the record and determined that Castellon did not make a substantial showing that his constitutional rights were denied. As a result, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

Uploaded by

Scribd Government Docs
Copyright
© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
You are on page 1/ 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 04-6613

ROGELIO ALONSO CASTELLON,


Petitioner - Appellant,
versus
SHERWOOD R. MCCABE,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Malcolm J. Howard,
District Judge. (CA-03-30)

Submitted:

November 29, 2004

Decided:

January 18, 2005

Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rogelio Alonso Castellon, Appellant Pro Se. Clarence Joe DelForge,


III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.


See Local Rule 36(c).

PER CURIAM:
Rogelio Alonso Castellon, a state prisoner, seeks to
appeal the district courts order denying relief on his petition
filed under 28 U.S.C. 2254 (2000).

An appeal may not be taken

from the final order in a 2254 proceeding 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


for claims addressed by a district court absent a substantial
showing of the denial of a constitutional right.

2253(c)(2)

(2000).

prisoner

satisfies

this

28 U.S.C.
standard

by

demonstrating that reasonable jurists would find both that the


district

courts

assessment

of

his

constitutional

claims

is

debatable or wrong and that any dispositive procedural rulings by


the district court are also debatable or wrong.

See Miller-El v.

Cockrell, 537 U.S. 322, 338 (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

Castellon 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

- 2 -

You might also like