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  • Primes v. Smith, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Lee Primes of the denial of his petition for habeas corpus relief. The district court had denied Primes' petition which was filed under 28 U.S.C. 2254. The Court of Appeals reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court.

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    Filed: 1997-01-23 Precedential Status: Non-Precedential Docket: 96-7277

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Lee Primes of the denial of his petition for habeas corpus relief. The district court had denied Primes' petition which was filed under 28 U.S.C. 2254. The Court of Appeals reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court.

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    2 views2 pages

    Primes v. Smith, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from James Lee Primes of the denial of his petition for habeas corpus relief. The district court had denied Primes' petition which was filed under 28 U.S.C. 2254. The Court of Appeals reviewed the record and found no reversible error, denying a certificate of appealability and dismissing the appeal based on the reasoning of the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7277

    JAMES LEE PRIMES,


    Petitioner - Appellant,
    versus
    RAYMOND SMITH,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh. W. Earl Britt, District
    Judge. (CA-95-939-BR)
    Submitted:

    January 9, 1997

    Decided:

    January 23, 1997

    Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    James Lee Primes, Appellant Pro Se. Clarence Joe DelForge III,
    OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
    Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's order denying
    relief on his petition filed under 28 U.S.C. 2254 (1994), amended
    by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.
    No. 104-132, 110 Stat. 1214. We have reviewed the record and the
    district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a
    certificate of appealability and dismiss the appeal on the reasoning of the district court. Primes v. Smith, No. CA-95-939-BR
    (E.D.N.C. July 17, 1996). 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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