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  • Robinson v. Johnson, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Jamar Delmont Robinson's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2). Therefore, the court dismissed the appeal.

    Original Description:

    Filed: 2006-02-17 Precedential Status: Non-Precedential Docket: 05-7169

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Jamar Delmont Robinson's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2). Therefore, the court dismissed the appeal.

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    Public Domain
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    4 views2 pages

    Robinson v. Johnson, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Jamar Delmont Robinson's appeal of the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right, as required to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2). Therefore, the court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7169

    JAMAR DELMONT ROBINSON,


    Petitioner - Appellant,
    versus
    GENE M. JOHNSON, Director
    Department of Corrections,

    of

    the

    Virginia
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Raymond A. Jackson, District
    Judge. (CA-05-4-FBS)

    Submitted:

    January 31, 2006

    Decided:

    February 17, 2006

    Before WILKINSON, MICHAEL, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jamar Delmont Robinson, Petitioner Pro Se. Richard Bain Smith,


    Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jamar Delmont Robinson, a state prisoner, seeks to appeal
    the district courts order denying relief on his petition filed
    under 28 U.S.C. 2254 (2000).

    An appeal may not be taken from the

    final order in a 2254 proceeding unless a circuit justice or


    judge

    issues

    certificate

    of

    appealability.

    28

    U.S.C.

    2253(c)(1) (2000). A certificate of appealability will not issue


    for claims addressed by a district court absent a substantial
    showing of the denial of a constitutional right.

    2253(c)(2)

    (2000).

    prisoner

    satisfies

    this

    28 U.S.C.
    standard

    by

    demonstrating that reasonable jurists would find both that the


    district

    courts

    assessment

    of

    his

    constitutional

    claims

    is

    debatable or wrong and that any dispositive procedural rulings by


    the district court are also debatable or wrong.

    See Miller-El v.

    Cockrell, 537 U.S. 322, 338 (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

    Robinson has not made the requisite showing.

    and

    conclude

    that

    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

    - 2 -

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