US v. David Robinson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:07-cr-00087-RDB-1,1:13-cv-00300-RDB Copies to all parties and the district court/agency. [999369062]. Mailed to: David Robinson. [14-6239]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6239

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DAVID MCDOWELL ROBINSON,
Defendant - Appellant.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Richard D. Bennett, District Judge.
(1:07-cr-00087-RDB-1; 1:13-cv-00300-RDB)

Submitted:

May 29, 2014

Decided:

June 4, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

David McDowell Robinson, Appellant Pro Se.
Jefferson McClure
Gray, Assistant United States Attorney, Baltimore, Maryland, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David McDowell Robinson seeks to appeal the district
court’s order denying his Fed. R. Civ. P. 60(b)(4) motion and,
in the alternative, construing it as a motion under 28 U.S.C.
§ 2255 (2012) and dismissing it as untimely.

The order is not

appealable

judge

unless

a

circuit

certificate of appealability.
A

certificate

of

justice

or

issues

a

28 U.S.C. § 2253(c)(1)(B) (2012).

appealability

will

not

issue

absent

“a

substantial showing of the denial of a constitutional right.”
28 U.S.C. § 2253(c)(2) (2012).
relief

on

the

demonstrating
district

merits,
that

court’s

debatable

or

a

When the district court denies

prisoner

reasonable

assessment

wrong.

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

U.S.

that

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

motion

states

claim of the denial of a constitutional right.

a

debatable

Slack, 529 U.S.

at 484-85.
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.

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We

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dispense

contentions

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with
are

oral

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argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

DISMISSED

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