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  • Robinson v. Johnson, 4th Cir. (2003)

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    Sherman L. Robinson filed a petition under 28 U.S.C. § 2254 which was denied by the district court. Robinson sought to appeal the denial but the Fourth Circuit Court of Appeals found that a certificate of appealability was required and would not be issued absent a substantial showing of the denial of a constitutional right. The Fourth Circuit independently reviewed the record and concluded that Robinson had not made the requisite showing to warrant a certificate of appealability. Therefore, the Fourth Circuit dismissed Robinson's appeal.

    Original Description:

    Filed: 2003-11-10 Precedential Status: Non-Precedential Docket: 03-6821

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    Sherman L. Robinson filed a petition under 28 U.S.C. § 2254 which was denied by the district court. Robinson sought to appeal the denial but the Fourth Circuit Court of Appeals found that a certificate of appealability was required and would not be issued absent a substantial showing of the denial of a constitutional right. The Fourth Circuit independently reviewed the record and concluded that Robinson had not made the requisite showing to warrant a certificate of appealability. Therefore, the Fourth Circuit dismissed Robinson's appeal.

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    7 views2 pages

    Robinson v. Johnson, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    Sherman L. Robinson filed a petition under 28 U.S.C. § 2254 which was denied by the district court. Robinson sought to appeal the denial but the Fourth Circuit Court of Appeals found that a certificate of appealability was required and would not be issued absent a substantial showing of the denial of a constitutional right. The Fourth Circuit independently reviewed the record and concluded that Robinson had not made the requisite showing to warrant a certificate of appealability. Therefore, the Fourth Circuit dismissed Robinson's appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-6821

    SHERMAN L. ROBINSON,
    Petitioner - Appellant,
    versus
    GENE JOHNSON, Director of
    Department of Corrections,

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Leonie M. Brinkema, District
    Judge. (CA-03-205)

    Submitted:

    October 27, 2003

    Decided:

    November 10, 2003

    Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Sherman L. Robinson, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Sherman L. Robinson seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C. 2254 (2000).
    The order is not appealable unless a circuit justice or judge
    issues a certificate of appealability.
    (2000).

    28 U.S.C. 2253(c)(1)

    A certificate of appealability will not issue absent a

    substantial showing of the denial of a constitutional right.


    U.S.C. 2253(c)(2) (2000).
    demonstrating
    constitutional

    that

    A prisoner satisfies this standard by

    reasonable

    claims

    are

    28

    jurists

    debatable

    and

    would

    find

    that

    any

    that

    his

    dispositive

    procedural rulings by the district court are also debatable or


    wrong.

    See Miller-El v. Cockrell, 537 U.S. 322,

    , 123 S. Ct.

    1029, 1039-40 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000);
    Rose

    v.

    Lee,

    252

    F.3d

    676,

    683

    (4th

    Cir.

    2001).

    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

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