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  • James Edward Smith v. Thomas R. Israel, Warden Attorney General of The State of Virginia, 867 F.2d 609, 4th Cir. (1989)

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from January 17, 1989. It summarizes a lower court decision where a magistrate denied a petition filed by James Edward Smith under 28 U.S.C. Section 2254. The appellate court found no merit in Smith's appeal after reviewing the record and lower court opinion. As such, the appellate court denied a certificate of probable cause and dismissed the appeal, agreeing with the reasoning of the magistrate.

    Original Description:

    Filed: 1989-02-06 Precedential Status: Non-Precedential Citations: 867 F.2d 609 Docket: 88-7663

    Original Title

    James Edward Smith v. Thomas R. Israel, Warden Attorney General of the State of Virginia, 867 F.2d 609, 4th Cir. (1989)

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from January 17, 1989. It summarizes a lower court decision where a magistrate denied a petition filed by James Edward Smith under 28 U.S.C. Section 2254. The appellate court found no merit in Smith's appeal after reviewing the record and lower court opinion. As such, the appellate court denied a certificate of probable cause and dismissed the appeal, agreeing with the reasoning of the magistrate.

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    Public Domain
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    4 views2 pages

    James Edward Smith v. Thomas R. Israel, Warden Attorney General of The State of Virginia, 867 F.2d 609, 4th Cir. (1989)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from January 17, 1989. It summarizes a lower court decision where a magistrate denied a petition filed by James Edward Smith under 28 U.S.C. Section 2254. The appellate court found no merit in Smith's appeal after reviewing the record and lower court opinion. As such, the appellate court denied a certificate of probable cause and dismissed the appeal, agreeing with the reasoning of the magistrate.

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    of 2

    867 F.

    2d 609
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    James Edward SMITH, Petitioner-Appellant,
    v.
    Thomas R. ISRAEL, Warden; Attorney General of the State of
    Virginia, Respondents-Appellees.
    No. 88-7663.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Sept. 30, 1988.
    Decided: Jan. 17, 1989.
    Rehearing Denied Feb. 6, 1989.

    James Edward Smith, appellant pro se.


    Thomas Drummond Bagwell (Office of the Attorney General of Virginia),
    for appellees.
    Before SPROUSE, ERVIN and CHAPMAN, Circuit Judges.
    PER CURIAM:

    James Edward Smith appeals from the magistrate's order denying his petition
    filed pursuant to 28 U.S.C. Sec. 2254. The parties agreed to have a magistrate
    adjudicate the action. 28 U.S.C. Sec. 636(c). Our review of the record and the
    magistrate's opinion discloses that this appeal is without merit. Accordingly,
    we deny a certificate of probable cause and dismiss the appeal on the reasoning
    of the magistrate. Smith v. Israel, C/A No. 88-113-R (E.D.Va. June 7, 1988).
    We dispense with oral argument because the dispositive issues recently have
    been decided.

    DISMISSED.

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