The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a federal prisoner challenging the denial of his habeas corpus motion. The court held that the appellant failed to make a substantial showing of the denial of a constitutional right required to obtain a certificate of appealability.
Earl Lamont Taylor sought to appeal a district court order dismissing his motion under twenty-eight United States Code section two thousand two hundred fifty-five. The district court had denied relief, and Taylor requested a certificate of appealability to proceed with his appeal to the Fourth Circuit.
The court’s reasoning
The court explained that an order dismissing 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. The court reviewed the record and concluded that Taylor had not made the requisite showing that reasonable jurists could find the district court’s assessment debatable or wrong.
What it means going forward
The dismissal prevents the prisoner from further appellate review of the district court’s denial of his habeas corpus motion in the Fourth Circuit.
