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HARRIS v. MORGAN (2021)

United States Court of Appeals, Fourth Circuit.2021-05-28No. No. 21-6389

Summary

Holding. The court dismissed the appeal and denied the certificate of appealability because Harris did not demonstrate that reasonable jurists could find the procedural ruling or underlying constitutional claim debatable.

Anthony Harris filed a notice of appeal challenging a district court's dismissal of his federal habeas petition under 28 U.S.C. § 2254 on procedural default grounds. To proceed with such an appeal, Harris needed to obtain a certificate of appealability by demonstrating either that reasonable jurists could view the district court's legal analysis as debatable (for merits denials) or that both the procedural ruling and the underlying constitutional claim were debatable (for procedural denials). The appellate court examined Harris's informal brief and concluded he failed to satisfy either standard.

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 cases
  • Standard for demonstrating substantial constitutional question when appeal denied on procedural grounds
  • Scope of appellate review limited to issues raised in informal brief

Procedural posture

Harris appealed the district court's dismissal of his § 2254 habeas petition on procedural default grounds to the circuit court.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Anthony Harris seeks to appeal the district courts order dismissing his 28 U.S.C. § 2254 petition as procedurally defaulted. 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)).

Limiting our review of the record to the issues raised in Harris’ informal brief, we conclude that Harris 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 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.