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  • Parks v. Smith, 4th Cir. (2001)

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    The United States Court of Appeals for the Fourth Circuit dismissed Milton Parks' appeal of the district court's denial of his petition for a writ of habeas corpus. The Court of Appeals reviewed the district court's decision and found no reversible errors. The Court of Appeals also denied Parks' motions to appoint counsel, dismiss an unexhausted claim, amend an unexhausted claim, and supplement the record. The appeal was dismissed without oral argument.

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    Filed: 2001-10-15 Precedential Status: Non-Precedential Docket: 01-6529

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    The United States Court of Appeals for the Fourth Circuit dismissed Milton Parks' appeal of the district court's denial of his petition for a writ of habeas corpus. The Court of Appeals reviewed the district court's decision and found no reversible errors. The Court of Appeals also denied Parks' motions to appoint counsel, dismiss an unexhausted claim, amend an unexhausted claim, and supplement the record. The appeal was dismissed without oral argument.

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    Public Domain
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    5 views2 pages

    Parks v. Smith, 4th Cir. (2001)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Milton Parks' appeal of the district court's denial of his petition for a writ of habeas corpus. The Court of Appeals reviewed the district court's decision and found no reversible errors. The Court of Appeals also denied Parks' motions to appoint counsel, dismiss an unexhausted claim, amend an unexhausted claim, and supplement the record. The appeal was dismissed without oral argument.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-6529

    MILTON PARKS,
    Petitioner - Appellant,
    versus
    ROBERT SMITH,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
    Judge. (CA-00-318-5-H)

    Submitted:

    August 31, 2001

    Decided:

    October 15, 2001

    Before NIEMEYER and KING, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Milton Parks, 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:
    Milton Parks seeks to appeal the district courts order denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 2001).

    We have reviewed the record and the district

    courts opinion and find no reversible error. Accordingly, we deny


    a certificate of appealability and dismiss the appeal on the
    reasoning of the district court. Parks v. Smith, No. CA-00-318-5-H
    (E.D.N.C. Mar. 6, 2001).

    We also deny Parks motions to appoint

    counsel, dismiss an unexhausted claim, amend an unexhausted claim,


    and to supplement the record.

    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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