Summary
The Fourth Circuit dismissed Bernice Bonita Gwaltney’s appeal from the denial of her 28 U.S.C. § 2255 motion. The court denied a certificate of appealability, concluding that she had not made the required substantial showing of the denial of a constitutional right.
Court
United States Court of Appeals for the Fourth Circuit
Writing for the Court
Per curiam; Motz; Traxler; Gregory
Jurisdiction
Federal
Decision date
December 2, 2005
Docket number
No. 05-6156
Procedural posture
Appeal from the denial of a motion under 28 U.S.C. § 2255. The appellant sought review without first obtaining a certificate of appealability.
Standard of review
A certificate of appealability requires a substantial showing of the denial of a constitutional right. When the district court denies relief on the merits, the applicant must show that reasonable jurists would find the assessment of the constitutional claims debatable; when relief was denied on procedural grounds, the applicant must also show that the procedural ruling is debatable or wrong.
Precedential value
Unpublished and nonbinding precedent in the Fourth Circuit
Parties
Bernice Bonita Gwaltney v. United States of America
Disposition
dismissed
Topics
federal habeas corpuspost-conviction reliefappellate procedurestandard of review
Practice areas
Federal post-conviction practiceFederal criminal procedureAppellate procedure
Questions Presented
- Whether Gwaltney was entitled to a certificate of appealability to appeal the denial of her motion under 28 U.S.C. § 2255.
- Whether the appeal should be dismissed because she failed to make a substantial showing of the denial of a constitutional right.
Holdings
- A federal prisoner may not appeal an order denying § 2255 relief unless a circuit justice or judge issues a certificate of appealability.
- Gwaltney failed to make the requisite substantial showing of the denial of a constitutional right and therefore was not entitled to a certificate of appealability.
Key quotations
“A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.””
“A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of her constitutional claims is debatable and that any dispositive procedural rulings by the district court are also debatable or wrong.”
Factual background
Gwaltney was a federal prisoner who sought post-conviction relief under 28 U.S.C. § 2255. The district court denied her motion. She appealed that denial, but the record did not establish the showing required for a certificate of appealability.
Procedural history
Gwaltney, a federal prisoner, filed a motion under 28 U.S.C. § 2255 in the Eastern District of Virginia. The district court denied relief. She appealed, but the Fourth Circuit denied a certificate of appealability and dismissed the appeal.
Court Document
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