No. 24-7295

Riley Dyson Biro v. Chadwick Dotson, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2025-05-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: certificate-of-appealability constitutional-rights district-court habeas-corpus procedural-bar state-court-rule
Key Terms:
HabeasCorpus
Latest Conference: 2025-06-26
Question Presented (AI Summary)

Did the Court of Appeals err by denying a certificate of appealability when the district court's findings were debatable and multiple constitutional rights were potentially denied?

Question Presented (from Petition)

1. Did the Court of Appeals err by denying a certificate of appealability under 28 U.S.C. 2253 in a case seeking to appeal a district court's order denying habeas corpus relief under 28 U.S.C. 2254 pursuant to a finding of a procedural bar when the correctness of the district court's findings were debatable and the petitioner made a substantial showing of the denial of multiple constitutional rights? 2. Did the District Court err by failing to analyze whether the state rule was adequate as applied to the type of claims in the habeas petition when it denied habeas corpus relief pursuant to 28 U.S.C. 2254 upon finding that such relief was barred because the state courts refused to adjudicate the claims on their merits pursuant to an independent and adequate procedural rule?

Docket Entries

2025-06-30
Petition DENIED.
2025-06-11
DISTRIBUTED for Conference of 6/26/2025.
2025-06-04
Waiver of right of respondent Cadwick Dotson to respond filed.
2025-05-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 27, 2025)

Attorneys

Cadwick Dotson
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Riley Biro
Riley Dyson Biro — Petitioner
Riley Dyson Biro — Petitioner