The Fourth Circuit dismissed an appeal from a federal prisoner seeking relief under the habeas corpus statute. The court held that the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
Trevon Beasley filed a motion under Section twenty-eight United States Code, Section twenty-two hundred fifty-five, seeking relief from his conviction. The district court denied the motion, and Beasley attempted to appeal the order.
The court’s reasoning
The court explained that an order denying relief on a Section twenty-two hundred fifty-five motion 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 Beasley had not made the requisite showing.
What it means going forward
The dismissal prevents the federal prisoner from pursuing further appellate review of the district court’s denial of his habeas motion.
