United States v. Tynisha Kadiri
United States v. Tynisha Kadiri
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 20-7277
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TYNISHA MARTIN KADIRI, a/k/a Martin Kadiri, a/k/a T D Martin, a/k/a Tynisha Martin, a/k/a Shug,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, Chief District Judge. (1:17-cr-00367-JKB-1; 1:19-cv-03300-JKB)
Submitted: February 17, 2021 Decided: March 2, 2021
Before NIEMEYER, AGEE, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tynisha Martin Kadiri, Appellant Pro Se. Matthew James Maddox, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Tynisha Martin Kadiri seeks to appeal the district court’s order denying relief on
her
28 U.S.C. § 2255motion. The order is not appealable unless a circuit justice or judge
issues a certificate of appealability. See
28 U.S.C. § 2253(c)(1)(B). 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). When the district court denies relief on the merits, a
prisoner satisfies this standard by demonstrating that reasonable jurists could find the
district court’s assessment of the constitutional claims debatable or wrong. See Buck v.
Davis,
137 S. Ct. 759, 773-74(2017). 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.
Gonzalez v. Thaler,
565 U.S. 134, 140-41(2012) (citing Slack v. McDaniel,
529 U.S. 473, 484(2000)).
We have independently reviewed the record and conclude that Kadiri 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
2
Reference
- Status
- Unpublished