Background
Kevin M. Lydon sought to appeal a district court order that denied relief on his petition under Section twenty-eight U.S.C. Section two thousand two hundred fifty-four. The district court had accepted a magistrate judge’s recommendation to deny the petition.
The court’s reasoning
The court explained that an appeal from a denial of a Section two thousand two hundred fifty-four petition is not appealable unless a certificate of appealability issues. Such a certificate requires a substantial showing of the denial of a constitutional right. The court reviewed the record and concluded Lydon failed to make this showing. Reasonable jurists could not debate the district court’s rejection of his Equal Protection Clause and Ex Post Facto Clause claims. Additionally, Lydon forfeited review of his cruel and unusual punishment claim by failing to specifically object to the magistrate judge’s recommendation on that issue.
What it means going forward
The dismissal prevents the petitioner from pursuing further appellate review of the underlying habeas claims in the Fourth Circuit.