LAW.coLAW.co

UNITED STATES v. LUNSFORD (2021)

United States Court of Appeals, Fourth Circuit.2021-06-10No. No. 20-6596

Summary

Holding. The court denied Lunsford's request for a certificate of appealability and dismissed the appeal.

Roger Keith Lunsford appealed the district court's denial of his § 2255 motion for post-conviction relief. To proceed with an appeal in this context, Lunsford needed to obtain a certificate of appealability from a circuit judge, which requires showing a substantial question about whether a constitutional right was denied. The appellate court independently examined the record and found that Lunsford did not make the necessary showing to satisfy this threshold requirement.

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

Key issues

  • Standard for obtaining a certificate of appealability in § 2255 appeals
  • Whether reasonable jurists could find the district court's denial debatable
  • Appealability of district court orders denying post-conviction relief

Procedural posture

Lunsford sought appellate review of a district court order denying his § 2255 motion, requiring him first to obtain a certificate of appealability.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Roger Keith Lunsford seeks to appeal the district courts order accepting the recommendation of the magistrate judge and denying relief on Lunsfords 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 Lunsford has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Lunsfords motion to remand, 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.