Background
Antoine Dewayne Myles, a federal prisoner proceeding pro se, sought to appeal a district court order denying relief on his motion under Section twenty-eight of the United States Code, Section two thousand two hundred fifty-five. The district court had denied the motion, and Myles requested a certificate of appealability to proceed with his appeal.
The court’s reasoning
The court explained that an order denying relief on a Section two thousand 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. When the district court denies relief on the merits, the prisoner must demonstrate that reasonable jurists could find the district court’s assessment debatable or wrong. The court independently reviewed the record and concluded that Myles had not made the requisite showing.
What it means going forward
The dismissal prevents the prisoner from pursuing further appellate review of the Section two thousand two hundred fifty-five motion in the Fourth Circuit.