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    Diaz v. Weisner, 4th Cir. (2007)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal filed by Silvano Guerra Diaz of a district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismisses the appeal, finding that Diaz has not made the requisite showing 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 Fourth Circuit denies Diaz's request for a certificate of appealability and appointment of counsel, and dismisses the appeal.

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    Diaz v. Weisner, 4th Cir. (2007)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal filed by Silvano Guerra Diaz of a district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismisses the appeal, finding that Diaz has not made the requisite showing 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 Fourth Circuit denies Diaz's request for a certificate of appealability and appointment of counsel, and dismisses the appeal.

    Original Description:

    Filed: 2007-09-20 Precedential Status: Non-Precedential Docket: 06-7523

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal filed by Silvano Guerra Diaz of a district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismisses the appeal, finding that Diaz has not made the requisite showing 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 Fourth Circuit denies Diaz's request for a certificate of appealability and appointment of counsel, and dismisses the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    7 views2 pages

    Diaz v. Weisner, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding an appeal filed by Silvano Guerra Diaz of a district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The Fourth Circuit dismisses the appeal, finding that Diaz has not made the requisite showing 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 Fourth Circuit denies Diaz's request for a certificate of appealability and appointment of counsel, and dismisses the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7523

    SILVANO GUERRA DIAZ,


    Petitioner - Appellant,
    versus
    REGINALD WEISNER,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte. Graham C. Mullen, Senior
    District Judge. (3:06-cv-00081)

    Submitted:

    August 17, 2007

    Decided:

    September 20, 2007

    Before WILKINSON and DUNCAN, Circuit Judges, and WILKINS, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Silvano Guerra Diaz, Appellant Pro Se. Clarence Joe DelForge, III,
    NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Silvano Guerra Diaz seeks to appeal the district courts
    order denying relief on his 28 U.S.C. 2254 (2000) petition.

    The

    order is not appealable unless a circuit justice or judge issues a


    certificate of appealability.

    See 28 U.S.C. 2253(c)(1) (2000).

    A certificate of appealability will not issue absent a substantial


    showing of the denial of a constitutional right.

    2253(c)(2)

    demonstrating

    (2000).
    that

    prisoner

    reasonable

    satisfies

    jurists

    would

    this

    28 U.S.C.
    standard

    find

    that

    by
    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.

    See

    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 Diaz
    has not made the requisite showing.

    Accordingly, we deny a

    certificate of appealability, deny Diazs motion for appointment of


    counsel 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

    - 2 -

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