Craig v. Young et al

Filing 21

ORDER denying 19 Motion for Certificate of Appealability. Signed by U.S. District Judge Charles B. Kornmann on 04/13/2018. (SAC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA

APR 19

NORTHERN DIVISION

JERRY LEE CRAIG,SR.,
1:17-CV-01016-CBK

Plaintiff,
ORDER DENYING CERTIHCATE OF

vs.

APPEALABILITY

DARIN YOUNG, SOUTH DAKOTA
ATTORNEY GENERAL'S OFHCE,

Respondents.

TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT:

Jerry Lee Craig, Sr. filed a petition for a writ of habeas corpus pursuant to 28
U.S.C. § 2254 challenging his September 12, 2013, conviction and 150 year sentence for

rape, sexual contact with a minor, and aggravated incest. He claims his Fifth, Sixth, and
Eighth Amendment rights were violated during state court proceedings. I denied the
petition.

Pursuant to 28 U.S.C. § 2253(c)(1), an appeal from an order dismissing a petition
for a writ of habeas corpus may not be taken unless a judge issues a certificate of

appealability. A certificate of appealability may issue only if the applicant has made a
"substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2).
"Where a district court has rejected the constitutional claims on the merits, the showing

required to satisfy § 2253(c)is straightforward: The petitioner must demonstrate that
reasonable jurists would find the district court's assessment of the constitutional claims
debatable or wrong." Slack v. McDaniel. 529 U.S. 473,484, 120 S. Ct. 1595, 1604, 146
L. Ed. 2d 542(2000). Petitioner did not and has not made a substantial showing that

jurists of reason would find it debatable whether the petition was correctly dismissed.

IT IS HEREBY CERTIFIED that there does not exist probable cause of an

appealable issue with respect to the Court's order denying petitioner's petition for a writ
of habeas corpus. This in no way hampers the petitioner's ability to request issuance of
the certificate by a circuit judge pursuant to Fed. R. App. P. 22
DATED this

of April, 2018.
BY THE COURT:

CHARLES B. KORNMANN

United States District Judge