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UNITED STATES v. MOODY (2021)

United States Court of Appeals, Fourth Circuit.2021-07-22No. No. 21-6000

Summary

Holding. The court dismissed the appeal after denying Moody's motion for a certificate of appealability, concluding that he failed to make the required showing that his claims presented a substantial question regarding the denial of a constitutional right.

Benitez Auguarius Moody appealed the district court's decisions rejecting his §2255 motion for post-conviction relief and his Rule 59(e) motion for reconsideration. To proceed with an appeal in this context, Moody was required to obtain a certificate of appealability by demonstrating either that reasonable jurists could find the district court's constitutional analysis debatable (if denied on the merits) or that both the procedural ruling and the underlying constitutional claim were debatable (if denied on procedural grounds). The appellate court limited its review to the issues Moody raised in his informal brief, as required by circuit rules.

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

Key issues

  • Whether a certificate of appealability should issue for a §2255 motion
  • Standard for demonstrating substantial constitutional questions on appeal
  • Effect of procedural versus merits-based denials on appealability

Procedural posture

The case came before the appellate court on Moody's request for a certificate of appealability to appeal the district court's denials of his §2255 motion and Rule 59(e) motion.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Benitez Auguarius Moody seeks to appeal the district courts orders denying relief on his 28 U.S.C. § 2255 motion and denying his Fed. R. Civ. P. 59(e) motion. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(B). 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 motion 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 Moodys informal brief, we conclude that Moody 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 the motion for a certificate of appealability, deny Moodys motion to place the appeal in abeyance while he is in transit, deny Moodys motions for transcripts, 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.