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  • Butler v. Smith, 4th Cir. (2002)

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    John Edward Butler appealed the district court's denial of relief on his petition filed under 28 U.S.C.A. § 2254. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. The court denied Butler's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying Butler's petition. The Fourth Circuit determined that oral arguments were not necessary because the case details and legal issues were adequately explained in the court documents.

    Original Description:

    Filed: 2002-08-01 Precedential Status: Non-Precedential Docket: 02-6634

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    John Edward Butler appealed the district court's denial of relief on his petition filed under 28 U.S.C.A. § 2254. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. The court denied Butler's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying Butler's petition. The Fourth Circuit determined that oral arguments were not necessary because the case details and legal issues were adequately explained in the court documents.

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    0 views2 pages

    Butler v. Smith, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    John Edward Butler appealed the district court's denial of relief on his petition filed under 28 U.S.C.A. § 2254. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error. The court denied Butler's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying Butler's petition. The Fourth Circuit determined that oral arguments were not necessary because the case details and legal issues were adequately explained in the court documents.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6634

    JOHN EDWARD BUTLER,


    Petitioner - Appellant,
    versus
    ROBERT SMITH; LARRY DAIL,
    Respondents - Appellees.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
    District Judge. (CA-01-995-5-BO)

    Submitted:

    July 25, 2002

    Decided:

    August 1, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    John Edward Butler, Appellant Pro Se. Clarence Joe DelForge, III,
    OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
    Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    John Edward Butler appeals the district courts order denying
    relief on his petition filed under 28 U.S.C.A. 2254 (West 1994 &
    Supp. 2001).

    We have reviewed the record and the district courts

    opinion and find no reversible error.


    certificate

    of

    appealability

    and

    Accordingly, we deny a

    dismiss

    the

    appeal

    on

    the

    reasoning of the district court.

    See Butler v. Smith, No. CA-01-

    995-5-BO (E.D.N.C. Apr. 2, 2002).

    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

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