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  • Moran v. Hunt, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Keith Moran's appeal of a district court order that dismissed his habeas corpus petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appellate court denied Moran's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the reasoning provided by the district court in its order.

    Original Description:

    Filed: 2002-03-05 Precedential Status: Non-Precedential Docket: 01-7788

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    The United States Court of Appeals for the Fourth Circuit dismissed Keith Moran's appeal of a district court order that dismissed his habeas corpus petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appellate court denied Moran's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the reasoning provided by the district court in its order.

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    12 views2 pages

    Moran v. Hunt, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Keith Moran's appeal of a district court order that dismissed his habeas corpus petition as untimely. The district court had accepted the magistrate judge's recommendation to dismiss the petition. The appellate court denied Moran's request to proceed in forma pauperis, denied a certificate of appealability, and dismissed the appeal based on the reasoning provided by the district court in its order.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7788

    KEITH D. MORAN,
    Petitioner - Appellant,
    versus
    J.R. HUNT, JR.,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District
    Judge. (CA-01-34-1)

    Submitted:

    February 21, 2002

    Decided:

    March 5, 2002

    Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Keith D. Moran, Appellant Pro Se.
    Clarence Joe DelForge, III,
    OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Keith D. Moran appeals the district courts order dismissing
    his petition filed under 28 U.S.C.A. 2254 (West 1994 & Supp.
    2001) as untimely.

    We have reviewed the record and the district

    courts opinion accepting the recommendation of the magistrate


    judge and find no reversible error.

    Accordingly, we

    deny leave to

    proceed in forma pauperis, deny a certificate of appealability, and


    dismiss the appeal on the reasoning of the district court.

    See

    Moran v. Hunt, No. CA-01-34-1 (M.D.N.C. Sept. 5, 2001). 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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