Case Explained: UNITED STATES OF AMERICA v. MARCUS ISAIAH CURRY

Court: United States Court of Appeals for the Fourth Circuit Filed: 2026-07-28 The fourth-circuit dismissed Marcus Isaiah Curry’s appeal from the district court’s order denying his Federal Rule of Civil Procedure 60(b) motion, after determining that he failed to obtain a certificate of appealability (COA). The court applied the standard under 28 U.S.C. § 2253(c), which requires a prisoner to make a substantial showing of the denial of a constitutional right to secure a COA when relief is denied on the merits. The court concluded that Curry did not satisfy this standard because his claim—that the district court failed to hold an evidentiary hearing on his prior § 2255 motion—essentially challenged the validity of his underlying convictions. Under *Gonzalez v. Crosby*, such a challenge must be treated as a successive § 2255 motion, which requires prefiling authorization from the circuit court under 28 U.S.C. §§ 2244(b)(3) and 2255(h). Because Curry lacked this authorization, the district court lacked jurisdiction to entertain the motion, and the appellate court denied the COA and dismissed the appeal. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.