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  • Neysmith v. Angelone, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gladstone Neysmith, who sought relief under 28 U.S.C.A. § 2254. The court reviewed the record and the magistrate judge's denial of Neysmith's petition and found no reversible error. The court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning of the magistrate judge.

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    Filed: 1997-09-22 Precedential Status: Non-Precedential Docket: 97-6518

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gladstone Neysmith, who sought relief under 28 U.S.C.A. § 2254. The court reviewed the record and the magistrate judge's denial of Neysmith's petition and found no reversible error. The court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning of the magistrate judge.

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    Public Domain
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    0 views2 pages

    Neysmith v. Angelone, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Gladstone Neysmith, who sought relief under 28 U.S.C.A. § 2254. The court reviewed the record and the magistrate judge's denial of Neysmith's petition and found no reversible error. The court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning of the magistrate judge.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6518

    GLADSTONE NEYSMITH, a/k/a Fitzroy G. Blake,


    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE, Director, Virginia Department of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge.
    (CA-96-706)
    Submitted:

    September 11, 1997

    Decided:

    September 22, 1997

    Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Gladstone Neysmith, Appellant Pro Se.
    Kimberley Ann Whittle,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the magistrate judge's order denying
    relief on his petition filed under 28 U.S.C.A. 2254 (West 1994 &
    Supp. 1997).* We have reviewed the record and the magistrate
    judge's opinion and find no reversible error. Accordingly, we deny
    a certificate of appealability and dismiss the appeal on the reasoning of the magistrate judge. Neysmith v. Angelone, No. CA-96-706
    (E.D. Va. Apr. 3, 1997). 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

    The parties consented to the jurisdiction of a magistrate


    judge under 28 U.S.C. 636(c) (1994).
    2

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