The Fourth Circuit dismissed an appeal filed by a federal prisoner seeking relief under Section twenty-eight U.S.C. Section two thousand two hundred fifty-five. The court denied a certificate of appealability because the appellant failed to make a substantial showing of the denial of a constitutional right.
William Jon Patric Ebert, proceeding pro se, sought to appeal a district court order denying relief on his motion under Section twenty-eight U.S.C. Section two thousand two hundred fifty-five. The district court had denied the motion, and Ebert sought appellate review.
The court’s reasoning
The court explained that an appeal from a denial of a Section two thousand two hundred fifty-five motion is not permissible 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 Ebert 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 appellant from pursuing further appellate review of the district court’s denial of his habeas corpus motion.
