Javon Robinson v. Gene Johnson, No. 09-7726 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7726 JAVON ROBINSON, Petitioner Appellant, v. GENE JOHNSON, Director of the VDOC, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:08-cv-00789-MHL) Submitted: February 18, 2010 Decided: February 24, 2010 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Javon Robinson, Appellant Pro Se. Leah A. Darron, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Javon Robinson seeks to appeal the magistrate judge s order denying relief on his 28 U.S.C. § 2254 (2006) petition. * The order is not appealable unless a circuit justice or judge issues a certificate § 2253(c)(1) (2006). issue absent constitutional prisoner a substantial right. jurists constitutional appealability. See 28 U.S.C. A certificate of appealability will not satisfies reasonable of 28 this would claims by showing U.S.C. the the denial § 2253(c)(2) standard find of by that (2006). demonstrating any district of assessment court is a A that of the debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El See v. Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and Robinson has not made the requisite showing. conclude that Accordingly, we deny a certificate of appealability and dismiss the appeal. dispense with oral argument because * the facts and The parties consented to the jurisdiction magistrate judge pursuant to 28 U.S.C. § 636(c) (2006). 2 of We legal the contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 3
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