Robert Craig, Jr. v. Herbert Jackson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998441738-2] Originating case number: 3:10-cv-00368-GCM Copies to all parties and the district court/agency. [998566403]. Mailed to: Robert Craig, Jr.. [10-7248]

Case: 10-7248

Document: 13

Date Filed: 04/12/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7248

ROBERT CALVIN CRAIG, JR.,
Petitioner – Appellant,
v.
HERBERT JACKSON,
Respondent – Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:10-cv-00368-GCM).

Submitted:

March 15, 2011

Decided:

April 12, 2011

Before NIEMEYER, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Calvin Craig, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7248

Document: 13

Date Filed: 04/12/2011

Page: 2

PER CURIAM:
Robert Calvin Craig, Jr., seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2254 (2006) petition.
The order is not appealable unless a circuit justice or judge
issues

a

certificate

§ 2253(c)(1) (2006).
issue

absent

“a

of

appealability.

28

U.S.C.

A certificate of appealability will not

substantial

constitutional right.”

See

showing

of

the

denial

28 U.S.C. § 2253(c)(2) (2006).

of

a

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

Cockrell,

(2000);

(2003).

see

Miller-El

v.

537

U.S.

322,

336-38

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.
529 U.S. at 484-85.
and

conclude

that

Slack,

We have independently reviewed the record
Craig

has

not

made

the

requisite

showing.

Accordingly, we deny leave to proceed in forma pauperis, deny a
certificate
dispense

of

with

appealability,

and

oral

because

argument

2

dismiss
the

the

appeal.

facts

and

We
legal

Case: 10-7248

Document: 13

Date Filed: 04/12/2011

Page: 3

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3