Background
Rasheed Tamir Glover sought to appeal a district court order that denied relief on his petition under Section twenty-eight United States Code, Section two thousand two hundred fifty-four. The district court had accepted a magistrate judge’s recommendation in part and denied relief.
The court’s reasoning
The court noted that an order denying relief on a habeas petition is not appealable unless a circuit justice or judge issues a certificate of appealability. To obtain such a certificate, a prisoner must make a substantial showing of the denial of a constitutional right. The court reviewed the record and concluded that Glover had not made the requisite showing to demonstrate that reasonable jurists could find the district court’s assessment debatable or wrong.
What it means going forward
The dismissal prevents the petitioner from pursuing further appellate review of the district court’s denial of habeas relief.