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  • Terrell v. Miro, 4th Cir. (1998)

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    This document summarizes a United States Court of Appeals case in which Lelmon Jackson Terrell appealed the district court's denial of his habeas corpus petition as untimely. The appeals court reviewed the record and found no reversible error, denying Terrell's request for a certificate of appealability and dismissing the appeal based on the reasoning of the district court. The district court had accepted the magistrate's recommendation to deny the petition as untimely filed under 28 U.S.C.A. § 2254.

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    Filed: 1998-11-23 Precedential Status: Non-Precedential Docket: 98-7340

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    This document summarizes a United States Court of Appeals case in which Lelmon Jackson Terrell appealed the district court's denial of his habeas corpus petition as untimely. The appeals court reviewed the record and found no reversible error, denying Terrell's request for a certificate of appealability and dismissing the appeal based on the reasoning of the district court. The district court had accepted the magistrate's recommendation to deny the petition as untimely filed under 28 U.S.C.A. § 2254.

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    Public Domain
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    4 views2 pages

    Terrell v. Miro, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Lelmon Jackson Terrell appealed the district court's denial of his habeas corpus petition as untimely. The appeals court reviewed the record and found no reversible error, denying Terrell's request for a certificate of appealability and dismissing the appeal based on the reasoning of the district court. The district court had accepted the magistrate's recommendation to deny the petition as untimely filed under 28 U.S.C.A. § 2254.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7340

    LELMON JACKSON TERRELL,


    Petitioner - Appellant,
    versus
    GERALDINE MIRO, Warden; ALLENDALE CORRECTIONAL
    INSTITUTION; CHARLES CONDON,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Greenville. Matthew J. Perry, Jr., Senior District Judge. (CA-97-3408-6-10AK)

    Submitted:

    November 5, 1998

    Decided:

    November 23, 1998

    Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Lelmon Jackson Terrell, Appellant Pro Se.
    Chief Deputy Attorney General, Columbia,
    Appellees.

    Donald John Zelenka,


    South Carolina, for

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Lelmon Jackson Terrell seeks to appeal the district courts
    order denying as untimely his petition filed under 28 U.S.C.A.
    2254 (West 1994 & Supp. 1998). 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 a
    certificate of appealability and dismiss the appeal on the reasoning of the district court. Terrell v. Miro, No. CA-97-3408-6-10AK
    (D.S.C. Aug. 19, 1998). 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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