Filed: Sep. 04, 2013
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6847 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL RALPH SAQUELLA, a/k/a Michael Paloma, a/k/a Michael Blake, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:07-cr-00305-LMB-1) Submitted: August 29, 2013 Decided: September 4, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublish
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6847 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL RALPH SAQUELLA, a/k/a Michael Paloma, a/k/a Michael Blake, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (1:07-cr-00305-LMB-1) Submitted: August 29, 2013 Decided: September 4, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublishe..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6847
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MICHAEL RALPH SAQUELLA, a/k/a Michael Paloma, a/k/a Michael
Blake,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:07-cr-00305-LMB-1)
Submitted: August 29, 2013 Decided: September 4, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Ralph Saquella, Appellant Pro Se. Patrick Friel Stokes,
U.S. DEPARTMENT OF JUSTICE, Washington, DC, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Michael Ralph Saquella appeals the district court’s
order dismissing as unauthorized his successive 28 U.S.C.A.
§ 2255 (West Supp. 2013) motion. The order is not appealable
unless a circuit justice or judge issues a certificate of
appealability. 28 U.S.C. § 2253(c)(1)(A) (2006). 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)
(2006). When the district court denies relief on the merits, a
prisoner satisfies this standard by demonstrating that
reasonable jurists would find that the district court’s
assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel,
529 U.S. 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 Saquella has not made the requisite showing. Accordingly,
we deny Saquella’s motion for leave to proceed in forma
pauperis, deny a certificate of appealability, and dismiss the
appeal.
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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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