Gregory Robinson v. Gene Johnson

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UNPUBLISHED PER CURIAM OPINION filed.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]

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Appeal: 10-7551 Document: 15 Date Filed: 05/31/2011 Page: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7551 GREGORY ROBINSON, Petitioner - Appellant, v. GENE JOHNSON, Director/VDOC, Respondent -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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

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