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COBBS v. WARDEN OF GOODMAN CORRECTIONAL INSTITUTION (2021)

United States Court of Appeals, Fourth Circuit.2021-08-27No. No. 21-6514

Summary

Holding. The court dismissed the appeal because Cobbs failed to demonstrate a substantial showing of the denial of a constitutional right as required by statute. A certificate of appealability was denied.

Jermaine Cobbs filed a federal habeas petition under 28 U.S.C. § 2254 challenging his conviction, which the district court denied. Cobbs then sought to appeal that denial. Federal law requires that before an appeal of a denied habeas petition can proceed, a judge must first issue a certificate of appealability, which is granted only when there is a substantial showing that a constitutional right was denied. The appellate court reviewed Cobbs' petition and record to determine whether he had made the necessary showing to obtain a certificate.

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

Key issues

  • Certificate of appealability standard for habeas petitions
  • Substantial showing of constitutional right denial
  • Whether reasonable jurists could debate the district court's assessment

Procedural posture

Cobbs appealed the district court's denial of his § 2254 habeas petition and sought a certificate of appealability to proceed with the appeal.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Jermaine L. Cobbs seeks to appeal the district courts order accepting the recommendation of the magistrate judge and denying relief on Cobbs’ 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)).

We have independently reviewed the record and conclude that Cobbs has not made the requisite showing. 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.