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  • McDowell v. Davis, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Herbert McDowell of the denial of his 28 U.S.C. § 2254 petition in the District Court of South Carolina. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny McDowell's petition. As such, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal based on the reasoning of the district court.

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    Filed: 1996-01-24 Precedential Status: Non-Precedential Docket: 95-7552

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Herbert McDowell of the denial of his 28 U.S.C. § 2254 petition in the District Court of South Carolina. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny McDowell's petition. As such, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal based on the reasoning of the district court.

    Copyright:

    Public Domain
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    19 views2 pages

    McDowell v. Davis, 4th Cir. (1996)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Herbert McDowell of the denial of his 28 U.S.C. § 2254 petition in the District Court of South Carolina. The Fourth Circuit reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny McDowell's petition. As such, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed 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    UNPUBLISHED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. 95-7552

    HERBERT MCDOWELL,
    Petitioner - Appellant,
    versus
    WILLIAM R. DAVIS, Warden, Evans Correctional
    Institution; T. TRAVIS MEDLOCK, Attorney General of the State of South Carolina,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia. Cameron McGowan Currie, District
    Judge. (CA-94-1975-3-22BC)
    Submitted:

    January 11, 1996

    Decided:

    January 24, 1996

    Before RUSSELL, HALL, and WILKINSON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Herbert McDowell, 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 seeks to appeal the district court's order denying
    relief on his 28 U.S.C. 2254 (1988) petition. 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 probable cause to appeal and
    dismiss the appeal on the reasoning of the district court. McDowell
    v. Davis, No. CA-94-1975-3-22BC (D.S.C. Sept. 15, 1995). 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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