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    United States v. Paul Claudio, 4th Cir. (2014)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Paul Claudio's appeal of the denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Claudio's appeal for failing to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the panel found that Claudio did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion.

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    United States v. Paul Claudio, 4th Cir. (2014)

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    14 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Paul Claudio's appeal of the denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Claudio's appeal for failing to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the panel found that Claudio did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion.

    Original Description:

    Filed: 2014-07-31 Precedential Status: Non-Precedential Docket: 14-6326

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Paul Claudio's appeal of the denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Claudio's appeal for failing to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the panel found that Claudio did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    14 views3 pages

    United States v. Paul Claudio, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding Paul Claudio's appeal of the denial of his 28 U.S.C. § 2255 motion. The three-judge panel dismissed Claudio's appeal for failing to demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Specifically, the panel found that Claudio did not make the requisite showing to obtain a certificate of appealability, which is required to appeal the denial of a § 2255 motion.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6326

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    PAUL CLAUDIO,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Greenville. Louise W. Flanagan,
    District Judge. (4:09-cr-00057-FL-1; 4:12-cv-00229-FL)

    Submitted:

    July 29, 2014

    Decided:

    July 31, 2014

    Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Paul Claudio, Appellant Pro Se.


    David A. Bragdon, Assistant
    United States Attorney, Kristine L. Fritz, Shailika K. Shah,
    OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina,
    for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Paul

    Claudio

    seeks

    to

    appeal

    the

    district

    courts

    order denying relief on his 28 U.S.C. 2255 (2012) motion.

    The

    order is not appealable unless a circuit justice or judge issues


    a

    certificate

    (2012).

    of

    appealability.

    28

    U.S.C.

    2253(c)(1)(B)

    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

    When the district court denies

    prisoner

    reasonable

    assessment

    wrong.

    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

    motion

    states

    claim of the denial of a constitutional right.

    debatable

    Slack, 529 U.S.

    at 484-85.
    We have independently reviewed the record and conclude
    that Claudio 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

    this court and argument would not aid the decisional process.

    DISMISSED

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