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  • Smith v. Glendening, 4th Cir. (2002)

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Bernard Smith's appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the district court record and found that Smith did not make a substantial showing that his constitutional rights were denied. Accordingly, the appeals court denied a certificate of appealability and dismissed Smith's appeal of the district court's ruling.

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    Filed: 2002-12-20 Precedential Status: Non-Precedential Docket: 02-7228

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    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Bernard Smith's appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the district court record and found that Smith did not make a substantial showing that his constitutional rights were denied. Accordingly, the appeals court denied a certificate of appealability and dismissed Smith's appeal of the district court's ruling.

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    8 views2 pages

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

    Uploaded by

    Scribd Government Docs
    This document is an unpublished order from the United States Court of Appeals for the Fourth Circuit dismissing Bernard Smith's appeal of a district court's denial of his petition for a writ of habeas corpus. The appeals court reviewed the district court record and found that Smith did not make a substantial showing that his constitutional rights were denied. Accordingly, the appeals court denied a certificate of appealability and dismissed Smith's appeal of the district court's ruling.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7228

    BERNARD SMITH,
    Petitioner - Appellant,
    versus
    PARRIS N. GLENDENING, Governor, State of
    Maryland; ANTHONY WILLIAMS, Mayor, Washington
    DC; DAVID GARRAGHTY, Warden, Greensville
    Correctional Center,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-022071-L)

    Submitted:

    December 16, 2002

    Decided:

    December 20, 2002

    Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Bernard Smith, Appellant Pro Se. John Joseph Curran, Jr., Attorney
    General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF
    MARYLAND, Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Bernard Smith 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 Smith has not made a substantial showing of the
    denial of a constitutional right. See Smith v. Glendening, No. CA02-2071-L (D. Md. filed August 13, 2002, entered Aug. 14, 2002).
    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

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