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  • Carnes v. Cepak, 4th Cir. (1998)

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    1) Michael Carnes appealed the district court's denial of his habeas corpus petition under 28 U.S.C. § 2254. 2) The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. 3) The Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court in denying Carnes' habeas petition.

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    Filed: 1998-04-07 Precedential Status: Non-Precedential Docket: 97-6539

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    1) Michael Carnes appealed the district court's denial of his habeas corpus petition under 28 U.S.C. § 2254. 2) The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. 3) The Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court in denying Carnes' habeas petition.

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    7 views2 pages

    Carnes v. Cepak, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    1) Michael Carnes appealed the district court's denial of his habeas corpus petition under 28 U.S.C. § 2254. 2) The Fourth Circuit Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. 3) The Fourth Circuit denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court in denying Carnes' habeas petition.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6539

    MICHAEL CARNES,
    Petitioner - Appellant,
    versus
    CHARLES J. CEPAK, Warden; CHARLES M. CONDON,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. Matthew J. Perry, Jr., Senior District Judge. (CA-96-321-4-10BE)
    Submitted:

    March 24, 1998

    Decided:

    April 7, 1998

    Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    William Isaac Diggs, DIGGS DANIELSEN, L.L.C., Myrtle Beach, South
    Carolina, for Appellant. Lauri J. Soles, OFFICE OF THE ATTORNEY
    GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant Michael Carnes appeals the district court's order
    denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 1997). 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 appealability and dismiss the appeal on the reasoning of
    the district court. Carnes v. Cepak, No. CA-96-321-4-10BE (D.S.C.
    Mar. 20, 1997). 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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