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  • Stephens v. Smith, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charlie Maurice Stephens of the denial of his petition for habeas corpus relief. The district court had denied Stephens' petition filed under 28 U.S.C. § 2254, accepting the recommendation of the magistrate judge. The Fourth Circuit finds no reversible error and denies a certificate of probable cause to appeal, dismissing the appeal based on the reasoning of the district court.

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    Filed: 1997-12-09 Precedential Status: Non-Precedential Docket: 97-6037

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charlie Maurice Stephens of the denial of his petition for habeas corpus relief. The district court had denied Stephens' petition filed under 28 U.S.C. § 2254, accepting the recommendation of the magistrate judge. The Fourth Circuit finds no reversible error and denies a certificate of probable cause to appeal, dismissing the appeal based on the reasoning of the district court.

    Copyright:

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

    Stephens v. Smith, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Charlie Maurice Stephens of the denial of his petition for habeas corpus relief. The district court had denied Stephens' petition filed under 28 U.S.C. § 2254, accepting the recommendation of the magistrate judge. The Fourth Circuit finds no reversible error and denies a certificate of probable cause to appeal, dismissing the appeal based on the reasoning of the district court.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6037

    CHARLIE MAURICE STEPHENS,


    Petitioner - Appellant,
    versus
    WILLIAM SMITH, Warden; ATTORNEY GENERAL OF THE
    STATE OF MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA95-3972-PJM)
    Submitted:

    November 20, 1997

    Decided:

    December 9, 1997

    Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Charlie Maurice Stephens, Appellant Pro Se. Kathryn Grill Graeff,
    OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
    for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant seeks to appeal the district court's order denying
    relief on his petition filed under 28 U.S.C. 2254 (1994) (current
    version at 28 U.S.C.A. 2254 (West 1994 & Supp. 1997)). 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 probable cause to appeal and dismiss the appeal on the reasoning of the district court.
    Stephens v. Smith, No. CA-95-3972-PJM (D. Md. Nov. 27, 1996). See
    Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557 (U.S. June 23,
    1997) (No. 96-6298). 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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