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  • Hutson v. SC Dept Corr, 4th Cir. (1997)

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    This document summarizes a court case in which Franklin Hutson appealed a district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The appeals court 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. The appeals court also denied Hutson's motion for appointment of counsel.

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    Filed: 1997-03-13 Precedential Status: Non-Precedential Docket: 96-7789

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    This document summarizes a court case in which Franklin Hutson appealed a district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The appeals court 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. The appeals court also denied Hutson's motion for appointment of counsel.

    Copyright:

    Public Domain
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    3 views2 pages

    Hutson v. SC Dept Corr, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case in which Franklin Hutson appealed a district court's denial of relief on his petition filed under 28 U.S.C. § 2254. The appeals court 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. The appeals court also denied Hutson's motion for appointment of counsel.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7789

    FRANKLIN HUTSON,
    Plaintiff - Appellant,
    versus
    SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. Henry M. Herlong, Jr., District
    Judge. (CA-95-3798-2-20AJ)
    Submitted:

    February 27, 1997

    Decided:

    March 13, 1997

    Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Franklin Hutson, Appellant Pro Se. Donald John Zelenka, Chief
    Deputy Attorney General, Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals 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. 104132, 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. Hutson v. South Carolina Dep't of Corr., No.
    CA-95-3798-2-20AJ (D.S.C. May 15, 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. We further deny Appellant's motion for
    appointment of counsel.

    DISMISSED

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