Background
Henry Walker, proceeding pro se, appealed a district court order that denied relief on his petition under twenty-eight U.S.C. section two thousand two hundred fifty-four and denied his motion to compel. The appeal was from the United States District Court for the Western District of North Carolina.
The court’s reasoning
The court explained that an order denying relief on a habeas petition is not appealable unless a circuit justice or judge issues a certificate of appealability. Such a certificate issues only absent a substantial showing of the denial of a constitutional right. The court noted that when relief is denied on the merits, the petitioner must show that reasonable jurists could find the district court’s assessment debatable or wrong. The court independently reviewed the record and concluded that Walker had not made the requisite showing.
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of the underlying constitutional claims. The petitioner must seek a certificate of appealability from a circuit justice or judge to proceed further.
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