Daniel L. Crowe v. Warden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:14-cv-03831-BHH Copies to all parties and the district court/agency. [999838867]. Mailed to: Daniel Crowe. [16-6301]

Appeal: 16-6301

Doc: 5

Filed: 06/01/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6301

DANIEL L. CROWE,
Petitioner - Appellant,
v.
WARDEN OF PERRY CORR INST,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Bruce H. Hendricks, District Judge.
(1:14-cv-03831-BHH)

Submitted:

May 26, 2016

Decided:

June 1, 2016

Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Judges.

Dismissed by unpublished per curiam opinion.

Daniel L. Crowe, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, William Edgar Salter, III, Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6301

Doc: 5

Filed: 06/01/2016

Pg: 2 of 3

PER CURIAM:
Daniel L. Crowe seeks to appeal the district court’s order
and

judgment

accepting

the

recommendation

of

the

magistrate

judge and dismissing as untimely his 28 U.S.C. § 2254 (2012)
petition.

The order and judgment is not appealable unless a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(A)

(2012).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

ruling

is

debatable, and that the petition states a debatable claim of the
denial of a constitutional right.

Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that
Crowe has not made the requisite showing.
a

certificate

dispense

with

of

appealability

oral

argument

and

dismiss

because

2

Accordingly, we deny

the

the

appeal.

facts

and

We
legal

Appeal: 16-6301

Doc: 5

contentions

Filed: 06/01/2016

are

adequately

Pg: 3 of 3

presented

in

the

materials

before

this court and argument would not aid the decisional process.
DISMISSED

3