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UNITED STATES of America, Plaintiff-Appellee, v. Martin TORRES-SALAZAR, Defendant-Appellant

United States Court of Appeals for the Fourth Circuit2003-09-25No. No. 03-6810
75 F. App'x 211

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Opinion

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PER CURIAM.

Martin Torres-Salazar seeks to appeal the district court’s order accepting the magistrate judge’s recommendation to dismiss his 28 U.S.C. § 2255 (2000) motion. Torres-Salazar cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and 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) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 1039, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683 (4th Cir.), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001). We have independently reviewed the record and conclude Torres-Salazar has not made the requisite showing. Accordingly, we deny his request to proceed in forma pauperis, 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.