US v. Michael Robinson
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 3:10-cr-00017-JPB-JES-1,3:16-cv-00096-JPB-JES Copies to all parties and the district court/agency. . Mailed to: Michael Lynn Robinson. [17-6562]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
MICHAEL LYNN ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the Northern District of West Virginia,
at Martinsburg. John Preston Bailey, District Judge. (3:10-cr-00017-JPB-JES-1; 3:16cv-00096-JPB-JES)
Submitted: August 17, 2017
Decided: August 22, 2017
Before KEENAN, THACKER, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Lynn Robinson, Appellant Pro Se. Paul Thomas Camilletti, Assistant United
States Attorney, Martinsburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Michael Lynn 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. § 2255
(2012) 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) (2012).
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) (2012). 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
motion states a debatable claim of the denial of a constitutional right. Slack, 529 U.S. at
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.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument
would not aid the decisional process.
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