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Robinson v. Keller

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 22, 2013
505 F. App'x 272 (4th Cir. 2013)

Opinion

No. 12-7546

01-22-2013

KENNETH EARL ROBINSON, Petitioner - Appellant, v. ALVIN W. KELLER, JR., Respondent - Appellee.

Kenneth Earl Robinson, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:12-hc-02028-D) Before GREGORY, SHEDD, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth Earl Robinson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kenneth Earl Robinson seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (2006). 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) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court's assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 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. Slack, 529 U.S. at 484-85.

We have independently reviewed the record and conclude that Robinson has not made the requisite showing. Accordingly, we deny Robinson's motion for a certificate of appealability, deny leave to proceed in forma pauperis, 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


Summaries of

Robinson v. Keller

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Jan 22, 2013
505 F. App'x 272 (4th Cir. 2013)
Case details for

Robinson v. Keller

Case Details

Full title:KENNETH EARL ROBINSON, Petitioner - Appellant, v. ALVIN W. KELLER, JR.…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Jan 22, 2013

Citations

505 F. App'x 272 (4th Cir. 2013)