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  • Kissinger v. McMillan, 4th Cir. (1998)

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    Gregory Kissinger filed a habeas corpus petition under 28 U.S.C. § 2254 challenging his state court conviction. The district court denied the petition without prejudice. Kissinger appealed. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying the petition without prejudice.

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    Filed: 1998-06-02 Precedential Status: Non-Precedential Docket: 98-6177

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    Gregory Kissinger filed a habeas corpus petition under 28 U.S.C. § 2254 challenging his state court conviction. The district court denied the petition without prejudice. Kissinger appealed. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying the petition without prejudice.

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    12 views2 pages

    Kissinger v. McMillan, 4th Cir. (1998)

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    Scribd Government Docs
    Gregory Kissinger filed a habeas corpus petition under 28 U.S.C. § 2254 challenging his state court conviction. The district court denied the petition without prejudice. Kissinger appealed. The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's decision. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying the petition without prejudice.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6177

    GREGORY A. KISSINGER,
    Petitioner - Appellant,
    versus
    GEORGE M. MCMILLAN, Sheriff, Roanoke City,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
    Judge. (CA-98-66-R)
    Submitted:

    May 12, 1998

    Decided:

    June 2, 1998

    Before MURNAGHAN and WILLIAMS, Circuit Judges, and HALL, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Gregory A. Kissinger, Appellant Pro Se.
    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
    without prejudice on his petition filed under 28 U.S.C.A. 2254
    (West 1994 & Supp. 1998). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we
    deny a certificate of appealability and dismiss the appeal on the
    reasoning of the district court. Kissinger v. McMillan, No. CA-9866-R (W.D. Va. Jan. 29, 1998). 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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