U.S. Court of Appeals for the Fourth Circuit, 2014

United States v. David Robinson

United States v. David Robinson
U.S. Court of Appeals for the Fourth Circuit · Decided June 4, 2014 · Shedd, Wynn, Thacker
575 F. App'x 134

United States v. David Robinson

Opinion

PER CURIAM:

David McDowell Robinson seeks to appeal the district court’s order denying his Fed.R.Civ.P. 60(b)(4) motion and, in the alternative, construing it as a motion under 28 U.S.C. § 2255 (2012) and dismissing it as untimely. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of ap-pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 484-85, 120 S.Ct. 1595.

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 *135 materials before this court and argument would not aid the decisional process.

DISMISSED.

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