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SIMPSON v. CLARKE (2021)

United States Court of Appeals, Fourth Circuit.2021-09-14No. No. 21-6126

Summary

Holding. The court denied Simpson's certificate of appealability and dismissed the appeal because Simpson failed to demonstrate a substantial showing of the denial of a constitutional right as required by statute.

James Simpson sought to appeal a district court decision that rejected his federal habeas petition under 28 U.S.C. § 2254. To proceed with an appeal, Simpson needed a certificate of appealability, which requires demonstrating a substantial constitutional question. The appellate court examined Simpson's informal brief and determined he failed to make the necessary showing that reasonable jurists could debate either the constitutional claims themselves or the procedural rulings that underlay the district court's denial.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Certificate of appealability standards for federal habeas petitions
  • Whether reasonable jurists could debate the district court's constitutional analysis
  • Scope of appellate review limited to issues raised in informal brief

Procedural posture

Simpson appealed the district court's denial of his § 2254 habeas petition and sought a certificate of appealability from the circuit court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

James Henry Simpson seeks to appeal the district courts order denying relief on his 28 U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists could find the district courts assessment of the constitutional claims debatable or wrong. See Buck v. Davis, ––– U.S. ––––, 137 S. Ct. 759, 773-74, 197 L.Ed.2d 1 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler, 565 U.S. 134, 140-41, 132 S.Ct. 641, 181 L.Ed.2d 619 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)).

Limiting our review of the record to the issues raised in Simpsons informal brief, we conclude that Simpson has not made the requisite showing. See 4th Cir. R. 34(b); see also Jackson v. Lightsey, 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”). Accordingly, we deny a certificate of appealability and dismiss the appeal.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

PER CURIAM:

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit.