671 Fed.Appx. 213 (4th Cir. 2016), 16-7089, Robinson v. Pate

Docket Nº:16-7089
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
 
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Page 213

671 Fed.Appx. 213 (4th Cir. 2016)

TROY LEE ROBINSON, Petitioner - Appellant,

v.

WARDEN JOHN PATE, Respondent - Appellee

No. 16-7089

United States Court of Appeals, Fourth Circuit

December 20, 2016

Submitted: December 15, 2016.

UNPUBLISHED

Editorial Note:

Unpublished opinions are not binding precedent in this circuit.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.

DISMISSED.

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.

OPINION

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." 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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