From Casetext: Smarter Legal Research

Robinson v. Robinson

United States Court of Appeals, Fourth Circuit
Nov 21, 2007
254 F. App'x 961 (4th Cir. 2007)

Opinion

No. 07-6888.

Submitted: November 15, 2007.

Decided: November 21, 2007.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T.S. Ellis, III, Senior District Judge. (1:07-cv-00246-TSE).

Charles Demont Robinson, Appellant Pro Se.

Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges.


Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.


Charles Demont Robinson seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). 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) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). 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 and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.


Summaries of

Robinson v. Robinson

United States Court of Appeals, Fourth Circuit
Nov 21, 2007
254 F. App'x 961 (4th Cir. 2007)
Case details for

Robinson v. Robinson

Case Details

Full title:Charles Demont ROBINSON, Petitioner — Appellant, v. A.D. ROBINSON, Warden…

Court:United States Court of Appeals, Fourth Circuit

Date published: Nov 21, 2007

Citations

254 F. App'x 961 (4th Cir. 2007)