Tevaris Crawford v. Mack Bailey
Tevaris Crawford v. Mack Bailey
Opinion
USCA4 Appeal: 22-6271 Doc: 14 Filed: 10/21/2022 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 22-6271
TEVARIS CRAWFORD,
Petitioner - Appellant,
v.
MACK BAILEY, Warden of Lunenburg Correctional Center for the Virginia Department of Corrections of the Commonwealth of Virginia,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:21-cv-00527-CMH-IDD)
Submitted: October 18, 2022 Decided: October 21, 2022
Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tevaris Crawford, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6271 Doc: 14 Filed: 10/21/2022 Pg: 2 of 2
PER CURIAM:
Tevaris Crawford seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254petition. The order is not appealable unless a circuit justice or judge issues
a certificate of appealability. See
28 U.S.C. § 2253(c)(1)(A). 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 petition 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 Crawford 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- Unpublished