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  • Melvin Curtis Burton, Sr. v. Mary Sue Terry, Attorney General of Virginia, 865 F.2d 1257, 4th Cir. (1988)

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    Melvin Curtis Burton, Sr. appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. Sec. 2254. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found the appeal lacked merit. The Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal, agreeing with the reasoning of the district court's July 6, 1988 decision. The Fourth Circuit determined oral argument was not necessary as the facts and legal issues were adequately presented in the case materials.

    Original Description:

    Filed: 1988-12-07 Precedential Status: Non-Precedential Citations: 865 F.2d 1257 Docket: 88-7705

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    Melvin Curtis Burton, Sr. appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. Sec. 2254. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found the appeal lacked merit. The Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal, agreeing with the reasoning of the district court's July 6, 1988 decision. The Fourth Circuit determined oral argument was not necessary as the facts and legal issues were adequately presented in the case materials.

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    Melvin Curtis Burton, Sr. v. Mary Sue Terry, Attorney General of Virginia, 865 F.2d 1257, 4th Cir. (1988)

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    Melvin Curtis Burton, Sr. appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. Sec. 2254. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found the appeal lacked merit. The Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal, agreeing with the reasoning of the district court's July 6, 1988 decision. The Fourth Circuit determined oral argument was not necessary as the facts and legal issues were adequately presented in the case materials.

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    of 2

    865 F.

    2d 1257
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Melvin Curtis BURTON, Sr., Petitioner-Appellant,
    v.
    Mary Sue TERRY, Attorney General of Virginia, RespondentAppellee.
    No. 88-7705.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Oct. 28, 1988.
    Decided: Dec. 7, 1988.

    Melvin Curtis Burton, Sr., appellant pro se.


    Thomas Drummond Bagwell (Office of the Attorney General of Virginia),
    for appellee.
    Before K.K. HALL, ERVIN and CHAPMAN, Circuit Judges.
    PER CURIAM:

    Melvin Curtis Burton, Sr. seeks to appeal the district court's order refusing
    habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record
    and the district court's opinion discloses that this appeal is without merit.
    Accordingly, we deny a certificate of probable cause to appeal and dismiss the
    appeal on the reasoning of the district court. Burton v. Terry, C/A No. 87-453R (E.D.Va. July 6, 1988). 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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