Filed: Sep. 08, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6830 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID M. ROBINSON, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (CR-95-479-WMN, CA-95-301-WMN) Submitted: August 28, 2003 Decided: September 8, 2003 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6830 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DAVID M. ROBINSON, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (CR-95-479-WMN, CA-95-301-WMN) Submitted: August 28, 2003 Decided: September 8, 2003 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6830
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID M. ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (CR-95-479-WMN, CA-95-301-WMN)
Submitted: August 28, 2003 Decided: September 8, 2003
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
David M. Robinson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David M. Robinson seeks to appeal the district court’s order
dismissing as successive his motion filed under 28 U.S.C. § 2255
(2000). The order is not appealable unless a circuit justice or
judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)
(2000). 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) (2000). A prisoner satisfies this standard by
demonstrating that reasonable jurists would find that his
constitutional claims are debatable and that any dispositive
procedural rulings by the district court are also debatable or
wrong. See Miller-El v. Cockrell,
537 U.S. 322, ,
123 S. Ct.
1029, 1040 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000);
Rose v. Lee,
252 F.3d 676, 683 (4th Cir.), cert. denied,
534 U.S.
941 (2001). 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 the court and
argument would not aid the decisional process.
DISMISSED
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