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United States v. Timothy Craig, 13-6521 (2013)

Court: Court of Appeals for the Fourth Circuit Number: 13-6521 Visitors: 33
Filed: Sep. 04, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-6521 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. TIMOTHY G. CRAIG, a/k/a Boot, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:02-cr-01358-HMH-8; 6:13-cv-00753-HMH) Submitted: August 29, 2013 Decided: September 4, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per cur
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                               UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                               No. 13-6521


UNITED STATES OF AMERICA,

                      Plaintiff – Appellee,

          v.

TIMOTHY G. CRAIG, a/k/a Boot,

                      Defendant - Appellant.



Appeal from the United States District Court for the District of
South Carolina, at Greenville.    Henry M. Herlong, Jr., Senior
District Judge. (6:02-cr-01358-HMH-8; 6:13-cv-00753-HMH)


Submitted:   August 29, 2013                 Decided:   September 4, 2013


Before DUNCAN, AGEE, and KEENAN, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Timothy G. Craig, Appellant Pro Se. Maxwell B. Cauthen, III,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

               Timothy G. Craig seeks to appeal the district court’s

order denying relief on his 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)(B) (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 motion 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 Craig has not made the requisite showing.                            Accordingly, we

deny    Craig’s     motion    for     a    certificate        of    appealability         and

dismiss the appeal.          We dispense with oral argument because the

facts    and    legal     contentions          are   adequately      presented      in    the



                                                2
materials   before   this   court   and   argument   would   not    aid   the

decisional process.



                                                                   DISMISSED




                                    3

Source:  CourtListener

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