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  • Tucker v. Clinton, 4th Cir. (1996)

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    Cornelius Tucker filed a 28 U.S.C. § 2254 petition that was dismissed as frivolous by the district court under 28 U.S.C. § 1915(d). The Fourth Circuit Court of Appeals affirmed the dismissal but modified it to be without prejudice. The appeals court found no abuse of discretion in the district court's ruling after reviewing the record. The appeals court also granted Tucker's motion for a certificate of probable cause to appeal.

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    Filed: 1996-02-22 Precedential Status: Non-Precedential Docket: 95-7371

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    Cornelius Tucker filed a 28 U.S.C. § 2254 petition that was dismissed as frivolous by the district court under 28 U.S.C. § 1915(d). The Fourth Circuit Court of Appeals affirmed the dismissal but modified it to be without prejudice. The appeals court found no abuse of discretion in the district court's ruling after reviewing the record. The appeals court also granted Tucker's motion for a certificate of probable cause to appeal.

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    3 views2 pages

    Tucker v. Clinton, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    Cornelius Tucker filed a 28 U.S.C. § 2254 petition that was dismissed as frivolous by the district court under 28 U.S.C. § 1915(d). The Fourth Circuit Court of Appeals affirmed the dismissal but modified it to be without prejudice. The appeals court found no abuse of discretion in the district court's ruling after reviewing the record. The appeals court also granted Tucker's motion for a certificate of probable cause to appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-7371

    CORNELIUS TUCKER, JR.,


    Petitioner - Appellant,
    versus
    BILL CLINTON, President; J. B. FRENCH; MIKE
    EASLEY; MAGISTRATE DIXON,
    Respondents - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, District Judge.
    (CA-95-470-5-BR)
    Submitted:

    February 7, 1996

    Decided:

    February 22, 1996

    Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Affirmed as modified by unpublished per curiam opinion.
    Cornelius Tucker, Jr., Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Cornelius Tucker appeals from the district court's order dismissing his 28 U.S.C. 2254 (1988) petition as frivolous pursuant
    to 28 U.S.C. 1915(d) (1988). Our review of the record and the
    district court's opinion discloses no abuse of discretion and that
    this appeal is without merit. We amend the district court's judgment to reflect that this dismissal is without prejudice. 28 U.S.C.
    2106 (1988).
    Accordingly, although we grant Tucker's motion for a certificate of probable cause to appeal, we affirm the district court's
    dismissal order as modified. 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.

    AFFIRMED AS MODIFIED

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