United States v. Tiffany Robinson
United States v. Tiffany Robinson
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-7348
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TIFFANY SHAMAINE ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Arenda L. Wright Allen, District Judge. (2:14-cr-00150-AWA-DEM-1; 2:16-cv- 00324-AWA)
Submitted: January 15, 2020 Decided: January 30, 2020
Before KING, HARRIS, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tiffany Shamaine Robinson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Tiffany Shamaine Robinson seeks to appeal the district court’s order denying relief
on her
28 U.S.C. § 2255(2018) motion. The order is not appealable unless a circuit justice
or judge issues a certificate of appealability.
28 U.S.C. § 2253(c)(1)(B) (2018). A
certificate of appealability will not issue absent “a substantial showing of the denial of a
constitutional right.”
28 U.S.C. § 2253(c)(2) (2018). 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(2000); see Miller-El v. Cockrell,
537 U.S. 322, 336-38(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.
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 this court and argument would not aid the
decisional process.
DISMISSED
2
Reference
- Status
- Unpublished