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  • Burgess v. State of NC, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit dismissed Paul Mitchell Burgess' appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2254. The appellate court reviewed the record and found no reversible error in the district court's reasoning. It therefore denied a certificate of appealability and dismissed the appeal, agreeing with the district court's denial of Burgess' habeas petition.

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    Filed: 2001-03-19 Precedential Status: Non-Precedential Docket: 00-7654

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    The United States Court of Appeals for the Fourth Circuit dismissed Paul Mitchell Burgess' appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2254. The appellate court reviewed the record and found no reversible error in the district court's reasoning. It therefore denied a certificate of appealability and dismissed the appeal, agreeing with the district court's denial of Burgess' habeas petition.

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    25 views2 pages

    Burgess v. State of NC, 4th Cir. (2001)

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    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Paul Mitchell Burgess' appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C.A. § 2254. The appellate court reviewed the record and found no reversible error in the district court's reasoning. It therefore denied a certificate of appealability and dismissed the appeal, agreeing with the district court's denial of Burgess' habeas petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7654

    PAUL MITCHELL BURGESS,


    Petitioner - Appellant,
    versus
    STATE OF NORTH CAROLINA; WALTER WHITMAN,
    Superintendent of Adult Correctional Institution; FRANKLIN FREEMAN, Secretary of the Department of Corrections for the State of North
    Carolina; SUPERINTENDENT CLARK,
    Respondents - Appellees.

    Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief
    District Judge. (CA-95-283-3-MU-2)

    Submitted:

    March 6, 2001

    Decided:

    March 19, 2001

    Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Paul Mitchell Burgess, Appellant Pro Se.
    Jill Ledford Cheek,
    Special Deputy Attorney General, Raleigh, North Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Paul Mitchell Burgess appeals the district courts order
    denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 2000).

    We have reviewed the record and the district

    courts opinion and find no reversible error. Accordingly, we deny


    a certificate of appealability and dismiss the appeal on the reasoning of the district court.

    See Burgess v. North Carolina, No.

    CA-95-283-3-MU-2 (W.D.N.C. Sept. 28, 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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