NADIN JOSE CURIEL GOMEZ v. UNITED STATES OF AMERICA (2017)

United States Court of Appeals, Eleventh Circuit.

NADIN JOSE CURIEL-GOMEZ, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee.

No. 17-13521-C

Decided: December 29, 2017

ORDER

Nadin Jose Curiel-Gomez moves for a certificate of appealability and leave to proceed in forma pauperis in order to appeal the denial of his 28 U.S.C. § 2255 motion to vacate. To merit a certificate of appealability, Curiel-Gomez must show that reasonable jurists would find debatable both (1) the merits of an underlying claim, and (2) the procedural issues that he seeks to raise. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 478, 120 S.Ct. 1595, 1600-01, 146 L.Ed.2d 542 (2000). Because he has failed to make the requisite showing, Curiel-Gomez's motion for a certificate of appealability is DENIED. Additionally, his motion for leave to proceed in forma pauperis is DENIED AS MOOT.

William H. Pryor Jr. UNITED STATES CIRCUIT JUDGE

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