Scribd Logo
Upload

Welcome to Scribd!

  • 13 views

    Robinson v. Superintendent Haynes, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gregory Robinson Jr.'s appeal of a district court's denial of his 28 U.S.C. § 2254 petition. The court finds that Robinson did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denies Robinson's request for a certificate of appealability and dismisses his appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    Robinson v. Superintendent Haynes, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    13 views3 pages
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gregory Robinson Jr.'s appeal of a district court's denial of his 28 U.S.C. § 2254 petition. The court finds that Robinson did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denies Robinson's request for a certificate of appealability and dismisses his appeal.

    Original Description:

    Filed: 2010-08-23 Precedential Status: Non-Precedential Docket: 10-6413

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gregory Robinson Jr.'s appeal of a district court's denial of his 28 U.S.C. § 2254 petition. The court finds that Robinson did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denies Robinson's request for a certificate of appealability and dismisses his appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    13 views3 pages

    Robinson v. Superintendent Haynes, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gregory Robinson Jr.'s appeal of a district court's denial of his 28 U.S.C. § 2254 petition. The court finds that Robinson did not make the requisite showing that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong. As such, the court denies Robinson's request for a certificate of appealability and dismisses his appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    You are on page 1of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-6413

    GREGORY ROBINSON, JR.,


    Petitioner - Appellant,
    v.
    SUPERINTENDENT HAYNES,
    Respondent Appellee,
    and
    STATE OF NORTH CAROLINA; ALVIN W. KELLER,
    Respondents.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:09-hc-02012-BO)

    Submitted:

    June 28, 2010

    Decided:

    August 23, 2010

    Before GREGORY, SHEDD, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Gregory Robinson, Jr., Appellant Pro Se. Clarence Joe DelForge,


    III, Assistant Attorney General, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gregory Robinson, Jr., seeks to appeal the district
    courts

    order

    petition.

    denying

    relief

    on

    his

    28

    U.S.C.

    (2006)

    The order is not appealable unless a circuit justice

    or judge issues a certificate of appealability.


    2253(c)(1) (2006).
    issue

    2254

    absent

    A certificate of appealability will not

    substantial

    constitutional right.

    See 28 U.S.C.

    showing

    of

    the

    denial

    28 U.S.C. 2253(c)(2) (2006).

    of

    When the

    district court denies relief on the merits, a prisoner satisfies


    this

    standard

    by

    demonstrating

    that

    reasonable

    jurists

    would

    find that the district courts assessment of the constitutional


    claims is debatable or wrong.

    Slack v. McDaniel, 529 U.S. 473,

    484

    Cockrell,

    (2000);

    (2003).

    see

    Miller-El

    v.

    537

    U.S.

    322,

    336-38

    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.
    529 U.S. at 484-85.

    Slack,

    We have independently reviewed the record

    and conclude that Robinson 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

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional

    process.
    DISMISSED

    You might also like