James Robinson v. Bernard McKie

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-01757-HFF Copies to all parties and the district court/agency. [998553287]. Mailed to: James Robinson. [10-7324]

Case: 10-7324

Document: 9

Date Filed: 03/25/2011

Page: 1

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7324

JAMES ROBINSON,
Petitioner - Appellant,
v.
BERNARD MCKIE, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
Henry F. Floyd, District Judge.
(1:09-cv-01757-HFF)

Submitted:

March 15, 2011

Decided:

March 25, 2011

Before DUNCAN and DAVIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Robinson, Appellant Pro Se.
Samuel Creighton Waters,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Case: 10-7324

Document: 9

Date Filed: 03/25/2011

Page: 2

PER CURIAM:
James Robinson seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing as untimely his 28 U.S.C. § 2254 (2006) petition.
The order is not appealable unless a circuit justice or judge
issues a certificate of appealability.
(2006).

28 U.S.C. § 2253(c)(1)

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) (2006).
relief

on

the

demonstrating
district
debatable

merits,
that

court’s
or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

that

U.S.

the

claims

constitutional
529

by

is

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 petition states a debatable
claim of the denial of a constitutional right.

Slack, 529 U.S.

at

the

484-85.

conclude

that

We

have

Robinson

independently
has

not

reviewed

made

the

record

requisite

and

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

2

Case: 10-7324

before

the

court

Document: 9

and

Date Filed: 03/25/2011

argument

would

not

aid

Page: 3

the

decisional

process.
DISMISSED

3