Derrick Crudup v. Kieran Shanahan , 586 F. App'x 153 ( 2014 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 14-7011
    DERRICK LAMONT CRUDUP,
    Petitioner – Appellant,
    v.
    KIERAN SHANAHAN,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.   Louise W. Flanagan,
    District Judge. (5:13-hc-02152-FL)
    Submitted:   November 20, 2014            Decided:   December 9, 2014
    Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Derrick Lamont Crudup, Appellant Pro Se. Clarence Joe DelForge,
    III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Derrick     Lamont    Crudup       seeks    to       appeal    the   district
    court’s    order     denying      relief    on    his    28    U.S.C.       § 2254    (2012)
    petition.      The order 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.”            28 U.S.C. § 2253(c)(2) (2012).                   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    (2000);     see    Miller-El    v.    Cockrell,         
    537 U.S. 322
    ,    336-38
    (2003).       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.                              
    Slack, 529 U.S. at 484-85
    .
    We have independently reviewed the record and conclude
    that Crudup has not made the requisite showing.                            Accordingly, we
    deny a certificate of appealability, deny leave to proceed in
    forma pauperis, and dismiss the appeal.                        We dispense with oral
    argument because the facts and legal contentions are adequately
    2
    presented in the materials before this court and argument would
    not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 14-7011

Citation Numbers: 586 F. App'x 153

Judges: Niemeyer, Shedd, Floyd

Filed Date: 12/9/2014

Precedential Status: Non-Precedential

Modified Date: 11/6/2024