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  • Foy v. Braxton, 4th Cir. (2001)

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    Herbert Foy appealed the district court's denial of his petition for a writ of habeas corpus. The United States Court of Appeals for the Fourth Circuit reviewed the record and found no reversible error in the district court's decision. The appeals court denied Foy's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as set forth in its September 28, 2000 opinion. The appeals court dispensed with oral argument, finding the relevant facts and legal issues were adequately addressed in the court materials.

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    Filed: 2001-06-05 Precedential Status: Non-Precedential Docket: 00-7574

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    Herbert Foy appealed the district court's denial of his petition for a writ of habeas corpus. The United States Court of Appeals for the Fourth Circuit reviewed the record and found no reversible error in the district court's decision. The appeals court denied Foy's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as set forth in its September 28, 2000 opinion. The appeals court dispensed with oral argument, finding the relevant facts and legal issues were adequately addressed in the court materials.

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    5 views2 pages

    Foy v. Braxton, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    Herbert Foy appealed the district court's denial of his petition for a writ of habeas corpus. The United States Court of Appeals for the Fourth Circuit reviewed the record and found no reversible error in the district court's decision. The appeals court denied Foy's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning as set forth in its September 28, 2000 opinion. The appeals court dispensed with oral argument, finding the relevant facts and legal issues were adequately addressed in the court materials.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 00-7574

    HERBERT FOY,
    Petitioner - Appellant,
    versus
    D. A. BRAXTON, Warden of the Buckingham Correctional Center,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District
    Judge. (CA-99-1863-AM)

    Submitted:

    May 22, 2001

    Decided:

    June 5, 2001

    Before WILKINS, NIEMEYER, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Herbert Foy, 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:
    Herbert Foy appeals the district courts order denying relief
    on his petition filed under 28 U.S.C.A. 2254 (West 1994 & Supp.
    2000).

    We have reviewed the record and the district courts opin-

    ion and find no reversible error.

    Accordingly, we deny a certif-

    icate of appealability and dismiss the appeal on the reasoning of


    the district court.
    Va. Sept. 28, 2000).

    See Foy v. Braxton, No. CA-99-1863-AM (E.D.


    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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