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  • Alphonso Lee Haythe v. Edward W. Murray Attorney General of The State of Virginia, 892 F.2d 1041, 4th Cir. (1989)

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    Alphonso Lee Haythe appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals found the appeal to be without merit and denied a certificate of probable cause to appeal. The court dismissed the appeal, agreeing with the district court's reasoning as set out in its May 22, 1989 decision. The Fourth Circuit also noted that Haythe's appeal was timely as his notice of appeal was mailed within 30 days of the district court's judgment as required.

    Original Description:

    Filed: 1989-12-18 Precedential Status: Non-Precedential Citations: 892 F.2d 1041 Docket: 89-7674

    Original Title

    Alphonso Lee Haythe v. Edward W. Murray Attorney General of the State of Virginia, 892 F.2d 1041, 4th Cir. (1989)

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    Alphonso Lee Haythe appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals found the appeal to be without merit and denied a certificate of probable cause to appeal. The court dismissed the appeal, agreeing with the district court's reasoning as set out in its May 22, 1989 decision. The Fourth Circuit also noted that Haythe's appeal was timely as his notice of appeal was mailed within 30 days of the district court's judgment as required.

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    Alphonso Lee Haythe v. Edward W. Murray Attorney General of The State of Virginia, 892 F.2d 1041, 4th Cir. (1989)

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    Alphonso Lee Haythe appealed the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit Court of Appeals found the appeal to be without merit and denied a certificate of probable cause to appeal. The court dismissed the appeal, agreeing with the district court's reasoning as set out in its May 22, 1989 decision. The Fourth Circuit also noted that Haythe's appeal was timely as his notice of appeal was mailed within 30 days of the district court's judgment as required.

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    of 2

    892 F.

    2d 1041

    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.
    Alphonso Lee HAYTHE, Petitioner-Appellant,
    v.
    Edward W. MURRAY; Attorney General of the State of
    Virginia, Respondents-Appellees.
    No. 89-7674.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Nov. 15, 1989.
    Decided: Dec. 18, 1989.

    Alphonso Lee Haythe, appellant pro se.


    Thomas Drummond Bagwell, Assistant Attorney General, for appellees.
    Before K.K. HALL, SPROUSE and CHAPMAN, Circuit Judges.
    PER CURIAM:

    Alphonso Lee Haythe seeks to appeal the district court's order refusing habeas
    corpus relief pursuant to 28 U.S.C. 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. Haythe v. Murray, C/A No. 88-177-L (W.D.Va.
    May 22, 1989). 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.

    Haythe's appeal is timely because his notice of appeal was mailed within 30
    days of judgment. Houston v. Lack, 56 U.S.L.W. 4728 (U.S. June 24, 1988)
    (No. 87-5428)

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