Background
Patrick Tylicki filed a motion under Section twenty-eight U.S.C. two thousand two hundred fifty-five seeking relief from his conviction. The district court denied the motion on July twenty-eighth, two thousand twenty-five. Tylicki filed a notice of appeal after the district court denied his request for an extension of the appeal period.
The court’s reasoning
The court noted that an order denying relief on a Section two thousand two hundred fifty-five motion is not appealable unless a circuit justice or judge issues a certificate of appealability. The court found that Tylicki did not make the requisite showing that reasonable jurists could find the district court’s assessment debatable or wrong. The court concluded it had jurisdiction over the timely appeal but denied the motion for a certificate of appealability.
What it means going forward
The dismissal prevents further appellate review of the underlying Section two thousand two hundred fifty-five motion unless a certificate of appealability is later obtained.