Background
Said Abdi Fooley sought to appeal a district court order dismissing his motion under Section twenty-eight of the United States Code, Section two thousand two hundred fifty-five, as successive and unauthorized. The district court had denied relief on procedural grounds.
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. A certificate will not issue absent a substantial showing of the denial of a constitutional right. When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the motion states a debatable claim of the denial of a constitutional right. The court independently reviewed the record and concluded that Fooley had not made the requisite showing.
We have independently reviewed the record and conclude that Fooley has not made the requisite showing.
28 U.S.C. § 2253(c)(2)
What it means going forward
The dismissal prevents the appellant from pursuing further appellate review of the district court’s procedural ruling on the successive habeas motion.