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SMALLS v. NINES (2021)

United States Court of Appeals, Fourth Circuit.2021-07-23No. No. 21-6601

Summary

Holding. The court denied a certificate of appealability and dismissed the appeal.

Anthony Maurice Smalls appealed the district court's denial of his Rule 59(e) motions and dismissal of his habeas petition as successive. To proceed with an appeal in a habeas case, a prisoner must first obtain a certificate of appealability by demonstrating that reasonable jurists could debate whether the district court's decision was correct. The appellate court independently examined the record and determined that Smalls failed to make the necessary showing to satisfy this standard.

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

Key issues

  • Certificate of appealability requirement in habeas corpus appeals
  • Standard for showing substantial denial of constitutional right
  • Procedural bar for successive habeas petitions

Procedural posture

Smalls sought appellate review of district court orders denying his Rule 59(e) motions and dismissing his federal habeas petition.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Anthony Maurice Smalls seeks to appeal the district courts orders denying relief on his Fed. R. Civ. P. 59(e) motions and dismissing as successive his 28 U.S.C. § 2254 petition. The orders are 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 Smalls 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.