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  • Munoz v. McCabe, 4th Cir. (2002)

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    Victor Manuel Munoz filed a petition under 28 U.S.C. § 2254 seeking habeas corpus relief. The magistrate judge granted summary judgment for the respondent and denied Munoz's petition. On appeal, Munoz reasserted his Fourth Amendment claim that was rejected by the state courts. The Fourth Circuit dismissed the appeal, finding that the state courts had afforded Munoz a full and fair opportunity to litigate his Fourth Amendment claims per Stone v. Powell. Munoz also waived review of any remaining claims by not raising them in his informal brief to the Fourth Circuit.

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    Filed: 2002-12-20 Precedential Status: Non-Precedential Docket: 02-7274

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    Victor Manuel Munoz filed a petition under 28 U.S.C. § 2254 seeking habeas corpus relief. The magistrate judge granted summary judgment for the respondent and denied Munoz's petition. On appeal, Munoz reasserted his Fourth Amendment claim that was rejected by the state courts. The Fourth Circuit dismissed the appeal, finding that the state courts had afforded Munoz a full and fair opportunity to litigate his Fourth Amendment claims per Stone v. Powell. Munoz also waived review of any remaining claims by not raising them in his informal brief to the Fourth Circuit.

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    Munoz v. McCabe, 4th Cir. (2002)

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    Scribd Government Docs
    Victor Manuel Munoz filed a petition under 28 U.S.C. § 2254 seeking habeas corpus relief. The magistrate judge granted summary judgment for the respondent and denied Munoz's petition. On appeal, Munoz reasserted his Fourth Amendment claim that was rejected by the state courts. The Fourth Circuit dismissed the appeal, finding that the state courts had afforded Munoz a full and fair opportunity to litigate his Fourth Amendment claims per Stone v. Powell. Munoz also waived review of any remaining claims by not raising them in his informal brief to the Fourth Circuit.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7274

    VICTOR MANUEL MUNOZ,


    Petitioner - Appellant,
    versus
    SHERWOOD R. MCCABE, Superintendent of Harnett
    Correctional Institute,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham.
    Wallace Wade Dixon,
    Magistrate Judge. (CA-02-01)

    Submitted:

    December 16, 2002

    Decided:

    December 20, 2002

    Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Victor Manuel Munoz, 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:
    Victor Manuel Munoz seeks to appeal the magistrate judges
    order

    granting

    Respondents

    motion

    for

    summary

    judgment

    and

    denying relief on his petition filed under 28 U.S.C. 2254 (2000).


    The parties consented to proceed before a magistrate judge pursuant
    to 28 U.S.C. 636(c) (2000). On appeal, Munoz reasserts the Fourth
    Amendment claim he raised in the district court. Because the state
    courts afforded Munoz a full and fair opportunity to litigate the
    substance of his Fourth Amendment claims, he has not made a
    substantial showing of the denial of a constitutional right.
    Stone v. Powell, 428 U.S. 465, 482 (1976).

    See

    Munoz waived appellate

    review of his remaining claims because he did not raise them in his
    informal brief in this court.

    4th Cir. R. 34(b).

    Accordingly, we

    deny a certificate of appealability, deny leave to proceed in forma


    pauperis, and dismiss the appeal.
    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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