United States v. Kevin Bullock
United States v. Kevin Bullock
Opinion
USCA4 Appeal: 24-6593 Doc: 10 Filed: 01/28/2025 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-6593
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEVIN ELWOOD BULLOCK, a/k/a Half,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Thomas D. Schroeder, District Judge. (1:19-cr-00525-TDS-1, 1:21-cv- 00161-TDS-JEP)
Submitted: January 23, 2025 Decided: January 28, 2025
Before WILKINSON, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin Elwood Bullock, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6593 Doc: 10 Filed: 01/28/2025 Pg: 2 of 2
PER CURIAM:
Kevin Elwood Bullock seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on Bullock’s
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,
580 U.S. 100, 115-17(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 Bullock has not made
the requisite showing. Accordingly, we deny Bullock’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 materials before this court and
argument would not aid the decisional process.
DISMISSED
2
Reference
- Status
- Unpublished