671 Fed.Appx. 213 (4th Cir. 2016), 16-7089, Robinson v. Pate
|Citation:||671 Fed.Appx. 213|
|Opinion Judge:||PER CURIAM:|
|Party Name:||TROY LEE ROBINSON, Petitioner - Appellant, v. WARDEN JOHN PATE, Respondent - Appellee|
|Attorney:||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.|
|Judge Panel:||Before SHEDD, DUNCAN, and AGEE, Circuit Judges.|
|Case Date:||December 20, 2016|
|Court:||United States Courts of Appeals, Court of Appeals for the Fourth Circuit|
Submitted: December 15, 2016.
Unpublished opinions are not binding precedent in this circuit. (See Federal Rule of Appellate Procedure Rule 32.1)
Appeal from the United States District Court for the District of South Carolina, at Orangeburg. (5:15-cv-04287-DCN). David C. Norton, District Judge.
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.
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
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." 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, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner...
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