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Kenneth Robinson v. State of North Carolina
21-6704
| 4th Cir. | Oct 22, 2021
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*1 Raleigh. James C. Dever III, District Judge. (5:20-hc-02052-D)

Submitted: October 19, 2021 Decided: October 22, 2021

Before GREGORY, Chief Judge, AGEE, Circuit Judge, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kenneth Earl Robinson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kenneth Earl Robinson seeks to appeal the district court’s orders dismissing his 28 U.S.C. § 2254 petition as an unauthorized, successive § 2254 petition and denying his motion for reconsideration. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). 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). When, as here, 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. Gonzalez v. Thaler , 565 U.S. 134, 140-41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000)).

Limiting our review of the record to the issues raised in Robinson’s informal brief, we conclude that Robinson has not made the requisite showing. See 4th Cir. R. 34(b); see also Jackson v. Lightsey , 775 F.3d 170, 177 (4th Cir. 2014) (“The informal brief is an important document; under Fourth Circuit rules, our review is limited to issues preserved in that brief.”). 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 this court and argument would not aid the decisional process.

DISMISSED

2

Case Details

Case Name: Kenneth Robinson v. State of North Carolina
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Oct 22, 2021
Docket Number: 21-6704
Court Abbreviation: 4th Cir.
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