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  • Tankard v. Bassett, 4th Cir. (2005)

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    1) Julius Tankard appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) The Fourth Circuit Court of Appeals reviewed the district court's reasoning and concluded that Tankard did not make a substantial showing of the denial of a constitutional right. 3) The Fourth Circuit therefore denied Tankard a certificate of appealability and dismissed his appeal.

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    Filed: 2005-03-08 Precedential Status: Non-Precedential Docket: 04-7833

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    1) Julius Tankard appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) The Fourth Circuit Court of Appeals reviewed the district court's reasoning and concluded that Tankard did not make a substantial showing of the denial of a constitutional right. 3) The Fourth Circuit therefore denied Tankard a certificate of appealability and dismissed his appeal.

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    3 views2 pages

    Tankard v. Bassett, 4th Cir. (2005)

    Uploaded by

    Scribd Government Docs
    1) Julius Tankard appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. 2) The Fourth Circuit Court of Appeals reviewed the district court's reasoning and concluded that Tankard did not make a substantial showing of the denial of a constitutional right. 3) The Fourth Circuit therefore denied Tankard a certificate of appealability and dismissed his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7833

    JULIUS TANKARD,
    Petitioner - Appellant,
    versus
    K. J. BASSETT, Warden, Keen Mountain
    Correctional Center,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (CA-04-641-1)

    Submitted:

    February 24, 2005

    Decided:

    March 8, 2005

    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Julius Tankard, Appellant Pro Se. Stephen R. McCullough, Assistant


    Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Julius Tankard seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C. 2254 (2000).
    We have reviewed the record and conclude on the reasoning of the
    district court that Tankard has not made a substantial showing of
    the denial of a constitutional right.

    See Tankard v. Bassett, No.

    CA-04-641-1 (E.D. Va. Oct. 26, 2004).

    Accordingly, we deny a

    certificate of appealability and dismiss the appeal. See 28 U.S.C.


    2253(c) (2000). 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 -

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