Clarence Robinson v. Levern Cohen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:14-cv-02071-DCN Copies to all parties and the district court/agency. [999790577]. Mailed to: Robinson. [15-7805]

Appeal: 15-7805

Doc: 5

Filed: 04/07/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7805

CLARENCE ROBINSON,
Petitioner - Appellant,
v.
LEVERN COHEN,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. David C. Norton, District Judge.
(5:14-cv-02071-DCN)

Submitted:

March 25, 2016

Before AGEE and
Circuit Judge.

THACKER,

Decided:

Circuit

Judges,

and

April 7, 2016

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Clarence Robinson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7805

Doc: 5

Filed: 04/07/2016

Pg: 2 of 3

PER CURIAM:
Clarence

Robinson

seeks

to

appeal

the

district

court’s

order accepting the recommendation of the magistrate judge and
dismissing his 28 U.S.C. § 2254 (2012) petition for failure to
exhaust
unless

state
a

court

circuit

remedies.

justice

judge

appealability.

See

certificate

appealability

of

28

or

The

U.S.C.

order

is

issues

a

not

certificate

§ 2253(c)(1)(A)
will

not

appealable

(2012).

issue

absent

of
A
“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

prisoner

reasonable

assessment

wrong.

When the district court denies

Slack

satisfies

jurists

this

would

of

the

v.

McDaniel,

standard

find

constitutional
529

U.S.

by

that

the

claims

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 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.

2

We

Appeal: 15-7805

Doc: 5

dispense

Filed: 04/07/2016

with

contentions

are

oral

Pg: 3 of 3

argument

adequately

because

presented

in

the
the

facts

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3