Carter v. Virginia Dept. of Corrections - Dismissed Appeal

4th Circuit Daily Opinions

Filed March 18th, 2026

Detected March 19th, 2026

Summary

The Fourth Circuit Court of Appeals dismissed Benjamin Forrest Carter's appeal of a district court order denying his Section 2254 petition. The court denied a certificate of appealability, finding no substantial showing of the denial of a constitutional right. This decision does not set precedent.

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What changed

The Fourth Circuit Court of Appeals has dismissed the appeal of Benjamin Forrest Carter in case No. 24-7205. The dismissal stems from the denial of a certificate of appealability, which is required to appeal a district court's order denying a Section 2254 petition unless a substantial showing of the denial of a constitutional right can be made. The court found that Carter did not meet this standard, as reasonable jurists could not find the district court's assessment of the constitutional claims debatable or wrong.

This unpublished opinion is not binding precedent in the Fourth Circuit. For regulated entities, this means the outcome of this specific case has no precedential value. However, it serves as a reminder of the stringent requirements for obtaining a certificate of appealability in habeas corpus cases, particularly when the district court denies relief on the merits or procedural grounds. Legal professionals handling similar appeals should ensure their arguments meet the "substantial showing" threshold to avoid dismissal.

Source document (simplified)

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-7205 BENJAMIN FORREST CARTER, Petitioner - Appellant, v. VIRGINIA DEPARTMENT OF CORRECTIONS DIRECTOR, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Michael Stefan Nachmanoff, District Judge. (1:22-cv-00036-MSN-JFA) Submitted: February 23, 2026 Decided: March 18, 2026 Before QUATTLEBAUM and RUSHING, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Benjamin Forrest Carter, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Benjamin Forrest Carter seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 petition. 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 court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis, 580 U.S. 100, 115-17 (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 (2012) (citing Slack v. McDaniel, 529 U.S. 473, 484 (2000)). We have independently reviewed the record and conclude that Carter has not made the requisite showing. 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