US v. Darian Robinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998535199-2]; denying Motion certificate of appealability (Local Rule 22(a)) [998508586-2] Originating case number: 1:07-cr-00032-MR-4,1:09-cv-00473-MR Copies to all parties and the district court/agency. [998625695]. Mailed to: Robinson. [11-6076]

Appeal: 11-6076

Document: 12

Date Filed: 07/06/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6076

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DARIAN KENDELL ROBINSON,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Martin K. Reidinger,
District Judge. (1:07-cr-00032-MR-4; 1:09-cv-00473-MR)

Submitted:

June 30, 2011

Decided:

July 6, 2011

Before WILKINSON, DUNCAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Darian Kendell Robinson, Appellant Pro Se.
Amy Elizabeth Ray,
Assistant United States Attorney, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6076

Document: 12

Date Filed: 07/06/2011

Page: 2 of 3

PER CURIAM:
Darian Kendell Robinson seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp.

2010)

motion.

The

order

is

not

appealable

unless

a

circuit justice or judge issues a certificate of appealability.
28

U.S.C.

§ 2253(c)(1)(B)

(2006).

A

certificate

of

appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2006).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner

satisfies

this

jurists

would

reasonable

standard
find

by

that

demonstrating

the

district

that

court’s

assessment of the constitutional claims is debatable or wrong.
Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v.
Cockrell, 537 U.S. 322, 336-38 (2003).
denies

relief

demonstrate

on

both

procedural

that

the

When the district court

grounds,

dispositive

the

prisoner

procedural

must

ruling

is

debatable, and that the motion states a debatable claim of the
denial of a constitutional right.
We

have

independently

reviewed

the

Slack, 529 U.S. at 484-85.
record

and

Robinson has not made the requisite showing.

conclude

that

Accordingly, we

deny Robinson’s motion for a certificate of appealability, deny
leave to proceed in forma pauperis, and dismiss the appeal.
dispense

with

oral

argument

because

2

the

facts

and

We

legal

Appeal: 11-6076

Document: 12

Date Filed: 07/06/2011

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

DISMISSED

3