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  • In Re: Graves V., 4th Cir. (2004)

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    Dennis Ray Graves filed a petition for a writ of scire facias regarding a previous habeas corpus petition. The United States Court of Appeals for the Fourth Circuit denied the petition. As Graves had not received authorization to file a second or successive habeas petition, as required by law, the court found he was not entitled to relief through a writ of scire facias. The court denied the petition and dispensed with oral arguments, as the facts and legal issues were clear based on the materials provided.

    Original Description:

    Filed: 2004-12-23 Precedential Status: Non-Precedential Docket: 04-7443

    Original Title

    In re: Graves v., 4th Cir. (2004)

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    Dennis Ray Graves filed a petition for a writ of scire facias regarding a previous habeas corpus petition. The United States Court of Appeals for the Fourth Circuit denied the petition. As Graves had not received authorization to file a second or successive habeas petition, as required by law, the court found he was not entitled to relief through a writ of scire facias. The court denied the petition and dispensed with oral arguments, as the facts and legal issues were clear based on the materials provided.

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    3 views2 pages

    In Re: Graves V., 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    Dennis Ray Graves filed a petition for a writ of scire facias regarding a previous habeas corpus petition. The United States Court of Appeals for the Fourth Circuit denied the petition. As Graves had not received authorization to file a second or successive habeas petition, as required by law, the court found he was not entitled to relief through a writ of scire facias. The court denied the petition and dispensed with oral arguments, as the facts and legal issues were clear based on the materials provided.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7443

    In Re:

    DENNIS RAY GRAVES,


    Petitioner.

    On Petition for Writ of Scire Facias


    (CA-03-1259)

    Submitted:

    December 16, 2004

    Decided:

    December 23, 2004

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Petition denied by unpublished per curiam opinion.

    Dennis Ray Graves, Petitioner Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Dennis Ray Graves petitions this court for writ of scire
    facias.

    Having failed to obtain authorization from this court to

    file a second or successive petition under 28 U.S.C. 2254 (2000),


    we find that Graves is not entitled to relief.

    Accordingly,

    although we grant leave to proceed in forma pauperis, we deny the


    petition for writ of scire facias.

    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.

    PETITION DENIED

    - 2 -

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