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    This document is an unpublished appellate court decision from 1988 that dismissed Joseph Henderson's appeal of a district court's denial of habeas corpus relief. The appellate court found that Henderson's appeal lacked merit because the dispositive issues had already been authoritatively decided. The court denied a certificate of probable cause to appeal, did not hold oral arguments, and dismissed the appeal based on the reasoning provided by the district court in its 1987 decision.

    Original Description:

    Filed: 1988-01-22 Precedential Status: Non-Precedential Citations: 838 F.2d 466 Docket: 87-6650

    Original Title

    Joseph Henderson v. Kenneth D. McKellar Warden, Kci William D. Leeke, Commissioner, Scdc T. Travis Medlock, Attorney General for the State of South Carolina, Respondents, 838 F.2d 466, 4th Cir. (1988)

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    This document is an unpublished appellate court decision from 1988 that dismissed Joseph Henderson's appeal of a district court's denial of habeas corpus relief. The appellate court found that Henderson's appeal lacked merit because the dispositive issues had already been authoritatively decided. The court denied a certificate of probable cause to appeal, did not hold oral arguments, and dismissed the appeal based on the reasoning provided by the district court in its 1987 decision.

    Copyright:

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

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document is an unpublished appellate court decision from 1988 that dismissed Joseph Henderson's appeal of a district court's denial of habeas corpus relief. The appellate court found that Henderson's appeal lacked merit because the dispositive issues had already been authoritatively decided. The court denied a certificate of probable cause to appeal, did not hold oral arguments, and dismissed the appeal based on the reasoning provided by the district court in its 1987 decision.

    Copyright:

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    of 2

    838 F.

    2d 466
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 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    unpublished dispositions is disfavored except for establishing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.
    Joseph HENDERSON, Petitioner-Appellant,
    v.
    Kenneth D. McKELLAR, Warden, KCI; William D. Leeke,
    Commissioner, SCDC T. Travis Medlock, Attorney
    General for the State of South Carolina,
    Respondents- Appellees.
    No. 87-6650.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Dec. 7, 1987.
    Decided: Jan. 22, 1988.

    Joseph Henderson, pro se.


    Donald John Zelenka, Chief Deputy Attorney General, for appellees.
    Before K.K. HALL and JAMES DICKSON PHILLIPS, Circuit Judges,
    and BUTZNER, Senior Circuit Judge.
    PER CURIAM:

    A review of the record and the district court's opinion accepting the
    magistrate's recommendation discloses that an appeal from its order refusing
    habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 would be without merit.
    Because the dispositive issues recently have been decided authoritatively, we
    deny a certificate of probable cause to appeal, dispense with oral argument, and
    dismiss the appeal on the reasoning of the district court. Henderson v.
    McKellar, C/A No. 3:86-2390 (D.S.C. Sept. 21, 1987).

    DISMISSED.

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