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Appeal Dismissal: Luis Rosario Case

1) Luis Rosario appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. 2) A three-judge panel of the Fourth Circuit Court of Appeals independently reviewed the record and denied Rosario's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. 3) The appeals court therefore dismissed Rosario's appeal without oral argument.

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34 views3 pages

Appeal Dismissal: Luis Rosario Case

1) Luis Rosario appealed the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus relief. 2) A three-judge panel of the Fourth Circuit Court of Appeals independently reviewed the record and denied Rosario's request for a certificate of appealability, finding that he failed to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. 3) The appeals court therefore dismissed Rosario's appeal without oral argument.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 15-7328

LUIS ROSARIO,
Petitioner - Appellant,
v.
FRANK L. PERRY; CYNTHIA THORNTON,
Respondents - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Louise W. Flanagan,
District Judge. (5:14-hc-02118-FL)

Submitted:

January 21, 2016

Decided:

February 8, 2016

Before NIEMEYER, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Luis Rosario, Appellant Pro Se. Nicholaos George Vlahos, NORTH


CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Luis Rosario seeks to appeal the district courts order
denying relief on his 28 U.S.C. 2254 (2012) petition.

The

order is not appealable unless a circuit justice or judge issues


a

certificate

(2012).

of

appealability.

28

U.S.C.

2253(c)(1)(A)

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) (2012).
relief

on

the

demonstrating
district

merits,
that

courts

debatable

or

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

is

473,

484

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003).


When the district court denies relief on procedural grounds, the
prisoner must demonstrate both that the dispositive procedural
ruling is debatable, and that the petition 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
Rosario 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 this court and argument would


not aid the decisional process.
DISMISSED

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