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UNITED STATES v. CURRY (2021)

United States Court of Appeals, Fourth Circuit.2021-07-08No. No. 20-6082

Summary

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

Curry sought to appeal a district court order that rejected his § 2255 motion for post-conviction relief. To proceed with such an appeal, a certificate of appealability must first be issued, which requires a showing that the district court's denial involved a substantial constitutional question that reasonable judges might find debatable or incorrect. The appellate court reviewed the record and determined that Curry failed to make the necessary showing to obtain a certificate of appealability.

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

Key issues

  • Requirements for obtaining a certificate of appealability in § 2255 appeals
  • Standards for demonstrating substantial constitutional questions
  • Whether reasonable jurists could find the district court's ruling debatable

Procedural posture

Curry appealed the district court's denial of his § 2255 motion for post-conviction relief, seeking a certificate of appealability from the appellate court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Jeriton Lavar Curry seeks to appeal the district courts order denying relief on his 28 U.S.C. § 2255 motion. The order is 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)).

We have independently reviewed the record and conclude that Curry has not made the requisite showing. Accordingly, we grant Currys motion to amend and supplement the informal brief, 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.