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  • Eber Sanchez v. Kieran Shanahan, 4th Cir. (2014)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Eber Emanuel Urias Sanchez's appeal of the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Sanchez has not made the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismisses Sanchez's appeal.

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    Filed: 2014-09-29 Precedential Status: Non-Precedential Docket: 14-6657

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Eber Emanuel Urias Sanchez's appeal of the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Sanchez has not made the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismisses Sanchez's appeal.

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    2 views3 pages

    Eber Sanchez v. Kieran Shanahan, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Eber Emanuel Urias Sanchez's appeal of the district court's denial of his 28 U.S.C. § 2254 petition. The court concludes that Sanchez has not made the requisite showing to receive a certificate of appealability, which is required to appeal the denial of a § 2254 petition. Specifically, he has not demonstrated that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. Therefore, the court dismisses Sanchez's appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 14-6657

    EBER EMANUEL URIAS SANCHEZ,


    Petitioner - Appellant,
    v.
    KIERAN J. SHANAHAN, Secretary of Prisons; CYNTHIA THRONTON,
    Administrator; FRANK L. PERRY, Secretary,
    Respondents - Appellees.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Frank D. Whitney,
    Chief District Judge. (3:14-cv-00157-FDW)

    Submitted:

    September 25, 2014

    Decided:

    September 29, 2014

    Before WILKINSON and AGEE, Circuit Judges, and DAVIS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Eber Emanuel Urias Sanchez, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Eber

    Emanuel

    Urias

    Sanchez

    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 of appealability.


    U.S.C. 2253(c)(1)(A) (2012).

    See 28

    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).

    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 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 Sanchez 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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