United States v. Gary Robinson ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-6544
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GARY ROBINSON, a/k/a Gary Robertson, a/k/a Paul Thomas,
Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Deborah K. Chasanow, Senior District Judge. (1:02-cr-00253-DKC-1)
Submitted: September 29, 2020 Decided: October 6, 2020
Before NIEMEYER and AGEE, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gary Robinson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Robinson seeks to appeal the district court’s order dismissing as untimely his
28 U.S.C. § 2255 motion. See Whiteside v. United States, 775 F.3d 180, 182-83 (4th Cir.
2014) (en banc) (explaining that § 2255 motions are subject to one-year statute of
limitations, running from latest of four commencement dates enumerated in 28 U.S.C.
§ 2255(f)). The order is not appealable unless a circuit justice or judge issues a certificate
of appealability. 28 U.S.C. § 2253(c)(1)(B). 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 motion 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)).
We have independently reviewed the record and conclude that Robinson has not
made the requisite showing. Accordingly, we deny Robinson’s motion for 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