Tyrone Robinson v. Warden, Ridgeland Correctional

Filing 920090730

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6715 TYRONE LORENZO ROBINSON, Petitioner - Appellant, v. WARDEN, RIDGELAND CORRECTIONAL INSTITUTION, Respondent - Appellee, and STATE OF SOUTH CAROLINA, Respondent. Appeal from the United States District Court for the District of South Carolina, at Florence. Solomon Blatt, Jr., Senior District Judge. (4:07-cv-03270-SB) Submitted: July 23, 2009 Decided: July 30, 2009 Before WILKINSON and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Tyrone Lorenzo Robinson, Appellant Pro Se. Donald John Zelenka, Deputy Assistant Attorney General, John William McIntosh, Assistant Attorney General, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tyrone Lorenzo Robinson seeks to appeal the district court's judge order and accepting the recommendation his 28 of the magistrate (2006) denying relief on U.S.C. 2254 petition. or judge The order is not appealable unless a circuit justice issues a certificate of appealability. 28 U.S.C. 2253(c)(1) (2006). issue absent "a A certificate of appealability will not showing U.S.C. standard find the that of the denial of a A that the or substantial 28 constitutional prisoner reasonable right." this would by 2253(c)(2) by any (2006). satisfies jurists demonstrating assessment is of constitutional claims district court debatable 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 and dismiss the appeal. Robinson's motion for bail pending appeal. We deny We also 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 2

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