Troy Robinson v. Warden John Pate

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999923343-2] Originating case number: 5:15-cv-04287-DCN Copies to all parties and the district court/agency. [999990763]. Mailed to: Troy Robinson. [16-7089]

Appeal: 16-7089

Doc: 10

Filed: 12/20/2016

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7089

TROY LEE ROBINSON,
Petitioner - Appellant,
v.
WARDEN JOHN PATE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg. David C. Norton, District Judge.
(5:15-cv-04287-DCN)

Submitted:

December 15, 2016

Decided:

December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Troy Lee Robinson, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Sherrie Ann Butterbaugh, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-7089

Doc: 10

Filed: 12/20/2016

Pg: 2 of 3

PER CURIAM:
Troy Lee Robinson seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. § 2254 (2012) petition.

The order is not

appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate
of appealability will not issue absent “a substantial showing of
the denial of a constitutional right.”
(2012).

28 U.S.C. § 2253(c)(2)

When the district court denies relief on the merits, a

prisoner satisfies this standard by demonstrating that reasonable
jurists would find that the district 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). 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, deny leave to proceed in forma
pauperis, and dismiss the appeal.

We dispense with oral argument

because the facts and legal contentions are adequately presented

2

Appeal: 16-7089

Doc: 10

Filed: 12/20/2016

Pg: 3 of 3

in the materials before this court and argument would not aid the
decisional process.
DISMISSED

3