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  • Smith v. Angelone, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jeffrey Allan Smith. The district court had denied Smith's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    Filed: 1997-03-19 Precedential Status: Non-Precedential Docket: 96-7663

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jeffrey Allan Smith. The district court had denied Smith's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    4 views2 pages

    Smith v. Angelone, 4th Cir. (1997)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jeffrey Allan Smith. The district court had denied Smith's petition for habeas corpus relief under 28 U.S.C. § 2254. The Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-7663

    JEFFREY ALLAN SMITH,


    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE, Director of the Virginia
    Department of Corrections,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District
    Judge. (CA-96-225-2)
    Submitted:

    March 13, 1997

    Decided:

    March 19, 1997

    Before HALL, ERVIN, and WILKINS, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Jeffrey Allan Smith, Appellant Pro Se.
    Steven Andrew Witmer,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.
    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 petition filed under 28 U.S.C. 2254 (1994), amended
    by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.
    No. 104-132, 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. Smith v. Angelone, No. CA-96-225-2 (E.D.
    Va. Sept. 23, 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.

    DISMISSED

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