Background
Benjamine Moss, Junior filed a motion under twenty-eight United States Code section two thousand two hundred fifty-five seeking relief from his conviction. The district court denied the motion, and Moss sought to appeal the decision to the United States Court of Appeals for the Fourth Circuit.
The court’s reasoning
The court explained that an order denying relief on a habeas motion is not appealable unless a circuit justice or judge issues a certificate of appealability. This certificate issues only if there is a substantial showing of the denial of a constitutional right. The court reviewed the record independently and concluded the appellant did not make the requisite showing.
What it means going forward
The appeal is dismissed, leaving the district court’s denial of the habeas motion in place.