United States v. Robinson ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7838
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EDWARD ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-98-12, CA-99-130-5)
Submitted: March 6, 2003 Decided: March 18, 2003
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward Robinson, Appellant Pro Se. Samuel Gerald Nazzaro, Jr.,
Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edward Robinson seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his motion filed under 28 U.S.C. § 2255 (2000). We have
independently reviewed the record and conclude that Robinson has
not made a substantial showing of the denial of a constitutional
right. Accordingly, we deny a certificate of appealability and
dismiss the appeal. See Miller-El v. Cockrell, U.S. , 2003
WL 431659 (U.S. Feb. 25, 2003) (No. 01-7662), at *10; 28 U.S.C.
§ 2253(c) (2000). We also deny Robinson’s motion to hold the case
in abeyance. 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
2