US v. Rodrikus Robinson

Filing 920100113

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7581

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RODRIKUS MARSHUN ROBINSON, Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., Chief District Judge. (1:00-cr-00198-JAB-1; 1:05-cv-00572-JABPTS)

Submitted:

July 27, 2009

Decided:

January 13, 2010

Before KING, SHEDD, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rodrikus Marshun Robinson, Appellant Pro Se. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Rodrikus Marshun Robinson seeks to appeal the district court's order accepting the recommendation of the magistrate

judge and denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. justice or The order is not appealable unless a circuit issues a certificate of appealability. 28

judge

U.S.C. § 2253(c)(1) (2006). not issue absent "a

A certificate of appealability will showing of the denial of a

substantial

constitutional right." this standard by

Id. § 2253(c)(2). that

A prisoner satisfies jurists would

demonstrating

reasonable

find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Robinson has not made the requisite showing. Accordingly, we deny a certificate of appealability We dispense with oral argument because

and dismiss the appeal.

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the

decisional process. DISMISSED

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