Background
Mesuron Taylor, 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 his motion, and Taylor 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 show that reasonable jurists could find the assessment debatable or wrong. The court limited its review to the issues raised in Taylor’s informal brief and motion for a certificate of appealability. The court concluded that Taylor had not made the requisite showing to satisfy the standard.
What it means going forward
The dismissal prevents Taylor from pursuing further appellate review of his Section two thousand two hundred fifty-five motion in the Fourth Circuit.