Scribd Logo
Upload

Welcome to Scribd!

  • John Newman Montgomery, Jr. v. North Carolina Attorney General Larry Snead, Superintendent, 77 F.3d 470, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    5 views2 pages
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. John Newman Montgomery Jr. sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. As a result, the Fourth Circuit denied Montgomery's motion for a certificate of probable cause to appeal and dismissed the appeal, agreeing with the district court's reasoning. Leave to proceed in forma pauperis was granted, but the motion for appointment of counsel was denied.

    Original Description:

    Filed: 1996-02-16 Precedential Status: Non-Precedential Citations: 77 F.3d 470 Docket: 95-7631

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. John Newman Montgomery Jr. sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. As a result, the Fourth Circuit denied Montgomery's motion for a certificate of probable cause to appeal and dismissed the appeal, agreeing with the district court's reasoning. Leave to proceed in forma pauperis was granted, but the motion for appointment of counsel was denied.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    5 views2 pages

    John Newman Montgomery, Jr. v. North Carolina Attorney General Larry Snead, Superintendent, 77 F.3d 470, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. John Newman Montgomery Jr. sought to appeal the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. The Fourth Circuit reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. As a result, the Fourth Circuit denied Montgomery's motion for a certificate of probable cause to appeal and dismissed the appeal, agreeing with the district court's reasoning. Leave to proceed in forma pauperis was granted, but the motion for appointment of counsel was denied.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    77 F.

    3d 470

    NOTICE: Fourth Circuit Local Rule 36(c) 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.
    John Newman MONTGOMERY, Jr., Petitioner--Appellant,
    v.
    NORTH CAROLINA ATTORNEY GENERAL; Larry Snead,
    Superintendent, Respondents--Appellees.
    No. 95-7631.

    United States Court of Appeals, Fourth Circuit.


    Submitted Feb. 6, 1996.
    Decided Feb. 16, 1996.

    Appeal from the United States District Court for the Middle District of
    North Carolina, at Winston-Salem. James A. Beaty, Jr., District Judge.
    (CA-95-235)
    John Newman Montgomery, Jr., Appellant Pro Se. Clarence Joe
    DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH
    CAROLINA, Raleigh, North Carolina, for Appellees.
    M.D.N.C.
    DISMISSED.
    Before WIDENER, MICHAEL, and MOTZ, Circuit Judges.
    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 the motion for a certificate of

    probable cause to appeal and dismiss the appeal on the reasoning of the district
    court. Montgomery v. North Carolina Attorney Gen., No. CA-95-235
    (M.D.N.C. Sept. 18, 1995). Leave to proceed in forma pauperis is granted. 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 deny the motion for appointment of counsel.
    2

    DISMISSED.

    You might also like