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Fourth Circuit Dismisses Padron Appeal

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Rolando Padron's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The panel dismissed the appeal, finding that Padron did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, which is required for a certificate of appealability. The panel independently reviewed the record and concluded Padron did not meet this standard, so it denied the certificate of appealability and dismissed the appeal.

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44 views3 pages

Fourth Circuit Dismisses Padron Appeal

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Rolando Padron's appeal of the district court's denial of his 28 U.S.C. § 2255 motion. The panel dismissed the appeal, finding that Padron did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, which is required for a certificate of appealability. The panel independently reviewed the record and concluded Padron did not meet this standard, so it denied the certificate of appealability and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 12-6852

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
v.
ROLANDO VEGA PADRON,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Terrence W. Boyle,
District Judge. (4:09-cr-00092-BO-3; 4:11-cv-00208-BO)

Submitted:

August 31, 2012

Decided:

September 11, 2012

Before DAVIS, KEENAN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rolando Vega Padron, Appellant Pro Se. Matthew Fesak, Assistant


United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Rolando Padron seeks to appeal the district courts
order denying relief on his 28 U.S.C.A. 2255 (West Supp. 2012)
motion.
judge

The order is not appealable unless a circuit justice or


issues

certificate

2253(c)(1)(B) (2006).
issue

absent

of

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.

appealability.

showing

of

the

denial

28 U.S.C. 2253(c)(2) (2006).

of

When the

district court denies relief on the merits, a prisoner satisfies


this

standard

by

demonstrating

that

reasonable

jurists

would

find that the district courts assessment of the constitutional


claims is debatable or wrong.

Slack v. McDaniel, 529 U.S. 473,

484

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

When the district court denies relief on procedural

grounds, the prisoner must demonstrate both that the dispositive


procedural ruling is debatable, and that the motion states a
debatable claim of the denial of a constitutional right.

Slack,

529 U.S. at 484-85.


We have independently reviewed the record and conclude
that Padron has not made the requisite showing.

Accordingly, we

deny a certificate of appealability and dismiss the appeal.


dispense

with

oral

argument

because

the

facts

and

We

legal

contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.
DISMISSED

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