Scribd Logo
Upload

Welcome to Scribd!

  • 20 views

    Clarence Robinson v. Levern Cohen, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Clarence Robinson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state court remedies. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content

    You might also like

    Clarence Robinson v. Levern Cohen, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    20 views3 pages
    The United States Court of Appeals for the Fourth Circuit dismissed Clarence Robinson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state court remedies. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Original Description:

    Filed: 2016-04-07 Precedential Status: Non-Precedential Docket: 15-7805

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Fourth Circuit dismissed Clarence Robinson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state court remedies. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    20 views3 pages

    Clarence Robinson v. Levern Cohen, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Clarence Robinson's appeal of the district court's dismissal of his 28 U.S.C. § 2254 petition for failure to exhaust state court remedies. The court independently reviewed the record and determined that Robinson did not make a substantial showing that he was denied a constitutional right. Therefore, the court denied a certificate of appealability and dismissed the appeal without oral argument.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    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.

    PER CURIAM:
    Clarence

    Robinson

    seeks

    to

    appeal

    the

    district

    courts

    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

    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

    courts

    debatable

    or

    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.

    We

    dispense

    with

    contentions

    are

    oral

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    legal

    materials

    before

    this court and argument would not aid the decisional process.

    DISMISSED

    You might also like