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CARRINGTON v. CLARKE (2021)

United States Court of Appeals, Fourth Circuit.2021-07-14No. No. 20-7592

Summary

Holding. The court dismissed the appeal and denied the certificate of appealability because Carrington failed to make the requisite showing of a substantial constitutional injury.

Carrington sought to appeal a district court order that rejected his federal habeas corpus petition. Under federal law, such an appeal requires a certificate of appealability, which may only be issued upon a showing of a substantial constitutional injury. The appellate court reviewed the record independently and determined that Carrington failed to meet the legal standard for obtaining such a certificate, either by demonstrating that reasonable jurists could dispute the district court's rejection of his constitutional claims or, if procedural grounds were involved, by showing both that the procedural ruling and the underlying constitutional claim were debatable.

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

Key issues

  • Requirements for issuing a certificate of appealability in habeas corpus appeals
  • Standard for demonstrating substantial showing of denial of constitutional right
  • Distinction between appeals denied on merits versus procedural grounds

Procedural posture

Carrington appealed the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition, seeking a certificate of appealability.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Fred M. Carrington seeks to appeal the district courts order accepting the recommendation of the magistrate judge and denying relief on Carringtons 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 Carrington 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.