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    This document summarizes a court case in which Darian Kendell Robinson appealed the district court's denial of his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Robinson did not make the requisite showing to obtain a certificate of appealability. Specifically, Robinson did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the dispositive procedural ruling was debatable and his motion stated a debatable claim of denial of a constitutional right. The appeals court therefore denied Robinson's motion for a certificate of appealability and dismissed the appeal.

    Original Description:

    Filed: 2011-07-06 Precedential Status: Non-Precedential Docket: 11-6076

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    This document summarizes a court case in which Darian Kendell Robinson appealed the district court's denial of his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Robinson did not make the requisite showing to obtain a certificate of appealability. Specifically, Robinson did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the dispositive procedural ruling was debatable and his motion stated a debatable claim of denial of a constitutional right. The appeals court therefore denied Robinson's motion for a certificate of appealability and dismissed the appeal.

    Copyright:

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

    United States v. Darian Robinson, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Darian Kendell Robinson appealed the district court's denial of his 28 U.S.C. § 2255 motion. The United States Court of Appeals for the Fourth Circuit dismissed the appeal, finding that Robinson did not make the requisite showing to obtain a certificate of appealability. Specifically, Robinson did not demonstrate that reasonable jurists would find the district court's assessment of his constitutional claims debatable or wrong, or that the dispositive procedural ruling was debatable and his motion stated a debatable claim of denial of a constitutional right. The appeals court therefore denied Robinson's motion for a certificate of appealability and dismissed the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6076

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    DARIAN KENDELL ROBINSON,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville. Martin K. Reidinger,
    District Judge. (1:07-cr-00032-MR-4; 1:09-cv-00473-MR)

    Submitted:

    June 30, 2011

    Decided:

    July 6, 2011

    Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Darian Kendell Robinson, Appellant Pro Se.


    Amy Elizabeth Ray,
    Assistant United States Attorney, Asheville, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Darian Kendell Robinson seeks to appeal the district
    courts order denying relief on his 28 U.S.C.A. 2255 (West
    Supp.

    2010)

    motion.

    The

    order

    is

    not

    appealable

    unless

    circuit justice or judge issues a certificate of appealability.


    28

    U.S.C.

    2253(c)(1)(B)

    (2006).

    certificate

    of

    appealability will not issue absent a substantial showing of


    the denial of a constitutional right.
    (2006).

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

    When the district court denies relief on the merits, a

    prisoner

    satisfies

    this

    jurists

    would

    reasonable

    standard
    find

    by

    that

    demonstrating

    the

    district

    that

    courts

    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).
    denies

    relief

    demonstrate

    on

    both

    procedural

    that

    the

    When the district court

    grounds,

    dispositive

    the

    prisoner

    procedural

    must

    ruling

    is

    debatable, and that the motion states a debatable claim of the


    denial of a constitutional right.
    We

    have

    independently

    reviewed

    the

    Slack, 529 U.S. at 484-85.


    record

    and

    Robinson has not made the requisite showing.

    conclude

    that

    Accordingly, we

    deny Robinsons motion for a certificate of appealability, deny


    leave to proceed in forma pauperis, and dismiss the appeal.
    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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