Gregory Robinson v. Gene Johnson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cv-00995-LMB-TRJ. Copies to all parties and the district court/agency. [998600910] Mailed to: Gregory Robinson. [10-7551]

Appeal: 10-7551

Document: 15

Date Filed: 05/31/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7551

GREGORY ROBINSON,
Petitioner - Appellant,
v.
GENE JOHNSON, Director/VDOC,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria.
Leonie M. Brinkema,
District Judge. (1:10-cv-00995-LMB-TRJ)

Submitted:

May 26, 2011

Decided:

May 31, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory Robinson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 10-7551

Document: 15

Date Filed: 05/31/2011

Page: 2 of 3

PER CURIAM:
Gregory Robinson seeks to appeal the district court’s
order

dismissing

his

28

U.S.C.

§ 2254

(2006)

petition

for

failure to exhaust his claims in state court.

The order is not

appealable

unless

judge

certificate

of

(2006).

a

circuit

justice

appealability.

28

See

or

U.S.C.

issues

a

§ 2253(c)(1)(A)

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

merits,

demonstrating
district

that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

satisfies

jurists

would

of

the

v.

McDaniel,

Slack

this

standard

find

constitutional
529

by

that

the

claims

is

473,

484

U.S.

(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.
at

484-85.

In

his

informal

brief,

Robinson

Slack, 529 U.S.
has

failed

to

address the district court’s dispositive finding that the claims
raised

in

Therefore,

his

§ 2254

Robinson

petition

has

district court’s ruling.

were

forfeited

not

properly

appellate

exhausted.

review

See 4th Cir. R. 34(b).

of

the

Accordingly,

we deny a certificate of appealability and dismiss the appeal.
2

Appeal: 10-7551

We

Document: 15

dispense

with

Date Filed: 05/31/2011

oral

argument

Page: 3 of 3

because

the

facts

and

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3