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  • Seymour v. Smith, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of a prisoner's petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court 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 probable cause to appeal and dismissed the appeal based on the reasoning of the district court decision. The appeals court also denied the prisoner's motion for appointment of counsel at government expense and decided oral argument was not necessary.

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    Filed: 1996-03-13 Precedential Status: Non-Precedential Docket: 95-7692

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of a prisoner's petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court 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 probable cause to appeal and dismissed the appeal based on the reasoning of the district court decision. The appeals court also denied the prisoner's motion for appointment of counsel at government expense and decided oral argument was not necessary.

    Copyright:

    Public Domain
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    7 views2 pages

    Seymour v. Smith, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of a prisoner's petition for habeas corpus relief under 28 U.S.C. § 2254. The appeals court 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 probable cause to appeal and dismissed the appeal based on the reasoning of the district court decision. The appeals court also denied the prisoner's motion for appointment of counsel at government expense and decided oral argument was not necessary.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-7692

    CLARENCE STANLEY SEYMOUR, Maryland House of


    Corrections,
    Petitioner - Appellant,
    versus
    WILLIAM SMITH, Warden, Maryland House of Corrections; ATTORNEY GENERAL OF THE STATE OF
    MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA94-1970-CCB)
    Submitted:

    February 29, 1996

    Decided:

    March 13, 1996

    Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Terrell Non Roberts, III, ROBERTS & WOOD, Riverdale, Maryland, for
    Appellant. John Joseph Curran, Jr., Attorney General, Ann Norman
    Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore,
    Maryland, 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. Seymour
    v. Smith, No. CA-94-1970-CCB (D. Md. Sept. 11, 1995). We deny Petitioner's motion for appointment of counsel at government expense
    and 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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