Corey Robinson v. Officer Mosher, No. 11-7608 (4th Cir. 2012)
Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7608 COREY JAWAN ROBINSON, Plaintiff - Appellant, v. OFFICER S. MOSHER, Defendant - Appellee, and SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; DOCTOR W. JONES; SGT. JORDAN WILLIAMS; SGT. MARADO SMALLS; CPL. JOHN GUINN; OFC SUSAN SPANN; LIEBER MEDICAL SERVICE; DHO JAMES BLACKWELL; NURSE C. FELDER; NURSE V. ASHFORD; DOCTOR R. BABB; NURSE K. LINNEN; NURSE R. BREWER; WARDEN M. BODISON; ASSOC. WARDEN F. THOMPSON; SGT. F. JEFFERSON; OFC S. NICHOLAS; LT. R. STWERT; OFC U. PALMER; NURSE V. FRAZIER; NURSE S. WEST; OFC T. MILLS, Defendants. Appeal from the United States District Court for the District of South Carolina, at Florence. Henry M. Herlong, Jr., Senior District Judge; Bristow Marchant, Magistrate Judge. (4:10-cv00157-BM) Submitted: March 30, 2012 Decided: Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. May 10, 2012 Corey Jawan Robinson, Appellant Pro Se. Elloree Ann Ganes, Robert Holmes Hood, Thomas Happel Scurry, HOOD LAW FIRM, Charleston, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Corey Jawan Robinson appeals from the jury verdict on one of his Defendants claims on (2006) action. the and the remaining grant claims of in summary his 42 judgment U.S.C. § to 1983 Turning first to the summary judgment issues, we have reviewed the record and the allegations on appeal and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Robinson v. Mosher, No. 4:10-cv- 00157-BM (D.S.C. Nov. 18, 2011). Robinson trial. On numerous errors. received appeal, he court-appointed asserts Because that counsel trial was not counsel counsel for the committed constitutionally mandated in this civil action, even if counsel was ineffective, there are no grounds for reversal. Glick v. Henderson, 855 F.2d 536, 541 (8th Cir. 1988); Sanchez v. United States Postal Serv., 785 F.2d 1236, 1237 (5th Cir. 1986). Robinson s remedy, if any, is to bring a legal malpractice action. Sanchez, 785 F.2d at 1237. Finally, Robinson challenges the jury verdict in favor of Defendant Mosher, contending that the jury instructions were incomplete or inaccurate. Robinson did not produce a transcript of the trial proceedings. In the case of a prisoner, like Robinson, appealing a civil judgment and proceeding under the Prison Litigation Reform 3 Act, a transcript may be ordered at Government expense, but only if the appeal question. of is frivolous and 28 U.S.C. § 753(f) (2006). demonstrating Nemours not & Co., substantiality. presents a substantial Robinson bears the burden Maloney 940 E.I. 939, substantial question [is] . debatable. Handley v. Union Carbide Corp., 622 F. Supp. 1065, one which 1976). de F.2d . Cir. DuPont 396 . (D.C. v. is A reasonably 1067 (S.D. W. Va. 1985) (internal quotation marks and citation omitted), aff d, 804 F.2d 265 (4th Cir. 1986). failed to meet his burden of substantiality. Robinson has Thus, he has waived appellate review of the issues on appeal that depend upon the transcript to show error. Powell v. Estelle, 959 F.2d 22, 26 (5th Cir. 1992); Keller v. Prince George s Cnty., 827 F.2d 952, 954 n.1 (4th Cir. 1987). Thus, we decline to review the jury verdict. We deny Robinson s motions for preparation of a transcript at Government expense and for appointment of counsel and affirm the district court s judgment. 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. AFFIRMED 4
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
