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United States v. Zhivago Robinson, 12-6012 (2012)

Court: Court of Appeals for the Fourth Circuit Number: 12-6012 Visitors: 23
Filed: Jun. 05, 2012
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6012 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. ZHIVAGO ANWAH ROBINSON, a/k/a Anwah, a/k/a Anwar, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Cameron McGowan Currie, District Judge. (0:08-cr-00401-CMC-2; 0:11-cv-02019-CMC) Submitted: May 31, 2012 Decided: June 5, 2012 Before KING, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 12-6012


UNITED STATES OF AMERICA,

                      Plaintiff – Appellee,

          v.

ZHIVAGO ANWAH ROBINSON, a/k/a Anwah, a/k/a Anwar,

                      Defendant - Appellant.



Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, District
Judge. (0:08-cr-00401-CMC-2; 0:11-cv-02019-CMC)


Submitted:   May 31, 2012                      Decided:   June 5, 2012


Before KING, DUNCAN, and DIAZ, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Zhivago Anwah Robinson, Appellant Pro Se. Susan Zalkin Hitt,
Assistant United States Attorney, James Chris Leventis, Jr.,
OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

             Zhivago Anwah Robinson seeks to appeal the district

court’s order denying relief on his 28 U.S.C.A. § 2255 (West

Supp.    2011)    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)            (2006).             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)

(2006).    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 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       oral   argument      because       the    facts   and   legal




                                             2
contentions are adequately presented in the materials before the

court and argument would not aid the decisional process.



                                                           DISMISSED




                                3

Source:  CourtListener

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