Corey Robinson v. Joseph McFadden

U.S. Court of Appeals for the Fourth Circuit
Corey Robinson v. Joseph McFadden, 710 F. App'x 154 (4th Cir. 2018)

Corey Robinson v. Joseph McFadden

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Corey Jawan Robinson seeks to appeal the district court’s orders accepting in part the first recommendation of the magistrate judge and accepting the second recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2012) petition. The orders are not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A) (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 petition 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 as moot Robinson’s motion to stay the appeal pending resolution of his Fed. R. Civ. P. 59(e) motion, deny his motion for 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 this court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Corey Jawan ROBINSON, Petitioner-Appellant, v. Joseph MCFADDEN, Warden, Respondent-Appellee
Status
Unpublished