Background
Jerrod Lamont Benson, proceeding pro se, sought to appeal district court orders that denied relief on his petition under Section twenty-two hundred and fifty-four of Title twenty-eight of the United States Code and denied a motion for reconsideration. The underlying case originated in the United States District Court for the District of Maryland before Judge Lydia Kay Griggsby.
The court’s reasoning
The court explained that orders denying relief on a habeas petition are 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 found that Benson failed to demonstrate that reasonable jurists could find the district court’s assessment debatable or wrong. Additionally, the court independently reviewed the record and concluded that Benson had not made the requisite showing to warrant the appointment of counsel.
What it means going forward
The dismissal prevents the petitioner from pursuing further appellate review of the district court’s denial of habeas relief in the Fourth Circuit.