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United States v. Luna, 4th Cir. (2007)

The United States Court of Appeals for the Fourth Circuit dismissed Reynaldo Luna's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion as successive. The court determined that Luna did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. As such, the court denied Luna a certificate of appealability and dismissed the appeal.

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19 views2 pages

United States v. Luna, 4th Cir. (2007)

The United States Court of Appeals for the Fourth Circuit dismissed Reynaldo Luna's appeal of the district court's dismissal of his 28 U.S.C. § 2255 motion as successive. The court determined that Luna did not make the requisite showing to receive a certificate of appealability, as he did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that its procedural rulings were debatable. As such, the court denied Luna a certificate of appealability and dismissed the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 06-8060

UNITED STATES OF AMERICA,


Plaintiff - Appellee,
versus
REYNALDO S. LUNA,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, Senior District Judge.
(1:01-cr-00359-MJG-1; 1:06-cv-02912-MJG)

Submitted: May 31, 2007

Decided: June 5, 2007

Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Reynaldo S. Luna, Appellant Pro Se. Lisa M. Griffin, OFFICE OF THE


UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Reynaldo S. Luna seeks to appeal the district courts
order dismissing his 28 U.S.C. 2255 (2000) motion as successive.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability.
(2000).

28 U.S.C. 2253(c)(1)

A certificate of appealability will not issue absent a

substantial showing of the denial of a constitutional right.


U.S.C. 2253(c)(2) (2000).
demonstrating

that

28

A prisoner satisfies this standard by

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 Luna 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

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