Robinson v. Angelone

U.S. Court of Appeals for the Fourth Circuit
Robinson v. Angelone, 55 F. App'x 685 (4th Cir. 2003)
Michael, Per Curiam, Shedd, Wilkins

Robinson v. Angelone

Opinion

PER CURIAM.

Montrell Antonio Robinson, a state prisoner, seeks to appeal the district court’s 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 habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). When, as here, a district court dismisses a § 2254 petition solely on procedural grounds, a certificate of appealability will not issue unless the petitioner can demonstrate both “(1) ‘that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right’ and (2) ‘that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.’ ” Rose v. Lee, 252 F.3d 676, 684 (4th Cir.) (quoting Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)), cert. denied, 534 U.S. 941, 122 S.Ct. 318, 151 L.Ed.2d 237 (2001). We have reviewed the record and conclude for the reasons stated by the district court that Robinson has not made the requisite showing. See Robinson v. Angelone, No. CA-01-1859-AM (E.D. Va. filed Aug. 12, 2002; entered Aug. 13, 2002). Accordingly, we deny a certificate of appealability *686 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.

Reference

Full Case Name
Montrell Antonio ROBINSON, Petitioner-Appellant, v. Ronald J. ANGELONE, Respondent-Appellee
Status
Unpublished