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WASANYI v. Berkeley County, Respondent. (2021)

United States Court of Appeals, Fourth Circuit.2021-05-28No. No. 21-6093

Summary

Holding. The appeal is dismissed. The court denied the certificate of appealability because Wasanyi failed to make the requisite showing of a substantial constitutional rights violation necessary to appeal.

David Wasanyi sought to appeal a district court's denial of his federal habeas corpus petition and the accompanying denial of a certificate of appealability. To proceed with an appeal in habeas cases, a certificate of appealability requires a showing of a substantial constitutional rights violation. The appellate court reviewed the record and determined that Wasanyi failed to demonstrate either that reasonable jurists could dispute the district court's constitutional analysis or that his petition raised debatable procedural and constitutional issues, depending on the basis for the district court's denial.

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 habeas corpus appeals
  • Standard for demonstrating substantial constitutional rights denial on the merits versus on procedural grounds
  • Whether reasonable jurists could find the district court's constitutional ruling debatable

Procedural posture

Wasanyi appealed the district court's denial of his 28 U.S.C. § 2254 habeas petition and denial of a certificate of appealability.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

David M. Wasanyi seeks to appeal the district courts orders denying relief on his 28 U.S.C. § 2254 petitions and denying a certificate of appealability. 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 Wasanyi has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny Wasanyis motions to appoint counsel, deny Wasanyis motions to transfer his case to another district court judge, 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.