Donald Taylor v. Toby Allen

U.S. Court of Appeals for the Fourth Circuit

Donald Taylor v. Toby Allen

Opinion

USCA4 Appeal: 25-6619 Doc: 10 Filed: 12/02/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6619

DONALD LEE TAYLOR,

Petitioner - Appellant,

v.

TOBY ALLEN, Superintendent South Western Regional Jail,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:25-cv-00074-JPB-JPM)

Submitted: November 25, 2025 Decided: December 2, 2025

Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Donald Lee Taylor, Appellant Pro Se. Michael Ray Williams, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6619 Doc: 10 Filed: 12/02/2025 Pg: 2 of 2

PER CURIAM:

Donald Lee Taylor seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2254

petition and a subsequent order denying reconsideration. The orders are 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,

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 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 Taylor 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Unpublished