The Fourth Circuit dismissed an appeal filed by a federal prisoner seeking relief under Section twenty-two hundred fifty-five of Title twenty-eight. The court held that the appellant failed to make the requisite showing to obtain a certificate of appealability.
Background
Dricko Dashon Huskey filed a motion under Section twenty-two hundred fifty-five of Title twenty-eight seeking relief from his federal conviction. The district court denied the motion, and Huskey 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 limited to the issues raised in Huskey’s informal brief and concluded that he had not made the requisite showing.
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.
