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  • Clark v. Braxton, 4th Cir. (2002)

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    Timothy Clark 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 reviewed the district court's decision and found no reversible errors. As such, the Fourth Circuit denied Clark a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying habeas corpus relief. The Fourth Circuit dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

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    Filed: 2002-02-26 Precedential Status: Non-Precedential Docket: 01-7818

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    Timothy Clark 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 reviewed the district court's decision and found no reversible errors. As such, the Fourth Circuit denied Clark a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying habeas corpus relief. The Fourth Circuit dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

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    2 views2 pages

    Clark v. Braxton, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Timothy Clark 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 reviewed the district court's decision and found no reversible errors. As such, the Fourth Circuit denied Clark a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying habeas corpus relief. The Fourth Circuit dispensed with oral arguments, finding the facts and legal issues were adequately presented in the case materials.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7818

    TIMOTHY CLARK,
    Petitioner - Appellant,
    versus
    D. A. BRAXTON,
    Defendant - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
    Judge. (CA-00-778-7)

    Submitted:

    February 14, 2002

    Decided:

    February 26, 2002

    Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Timothy Clark, Appellant Pro Se. Hazel Elizabeth Shaffer, Assistant Attorney General, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Timothy Clark seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 2001).

    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 Clark v. Braxton, No. CA-00-

    778-7 (W.D. Va. filed Sept. 25, 2001; entered Sept. 26, 2001).

    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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