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  • Gardnel A. Carter v. Mason Waters, Warden, Attorney General of The State of Maryland, 945 F.2d 398, 4th Cir. (1991)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition. The court affirmed the district court's denial of habeas relief for Gardnel Carter. The district court had denied the petition on the grounds that it was procedurally barred due to an untimely petition for writ of certiorari filed in the Maryland Court of Appeals. However, the Fourth Circuit notes that Carter now claims his attorney refused to file the certiorari petition, indicating the habeas petition may not be procedurally barred. The Fourth Circuit suggests Carter's remedy is to file a Rule 60(b) motion in district court for relief from the denial.

    Original Description:

    Filed: 1991-10-01 Precedential Status: Non-Precedential Citations: 945 F.2d 398 Docket: 91-6079

    Original Title

    Gardnel A. Carter v. Mason Waters, Warden, Attorney General of the State of Maryland, 945 F.2d 398, 4th Cir. (1991)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition. The court affirmed the district court's denial of habeas relief for Gardnel Carter. The district court had denied the petition on the grounds that it was procedurally barred due to an untimely petition for writ of certiorari filed in the Maryland Court of Appeals. However, the Fourth Circuit notes that Carter now claims his attorney refused to file the certiorari petition, indicating the habeas petition may not be procedurally barred. The Fourth Circuit suggests Carter's remedy is to file a Rule 60(b) motion in district court for relief from the denial.

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    Gardnel A. Carter v. Mason Waters, Warden, Attorney General of The State of Maryland, 945 F.2d 398, 4th Cir. (1991)

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    Scribd Government Docs
    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition. The court affirmed the district court's denial of habeas relief for Gardnel Carter. The district court had denied the petition on the grounds that it was procedurally barred due to an untimely petition for writ of certiorari filed in the Maryland Court of Appeals. However, the Fourth Circuit notes that Carter now claims his attorney refused to file the certiorari petition, indicating the habeas petition may not be procedurally barred. The Fourth Circuit suggests Carter's remedy is to file a Rule 60(b) motion in district court for relief from the denial.

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    of 2

    945 F.

    2d 398

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Gardnel A. CARTER, Petitioner-Appellant,
    v.
    Mason WATERS, Warden, Attorney General of the State of
    Maryland, Respondents-Appellees.
    No. 91-6079.

    United States Court of Appeals, Fourth Circuit.


    Submitted Aug. 20, 1991.
    Decided Oct. 1, 1991.

    Appeal from the United States District Court for the District of Maryland,
    at Baltimore. J. Frederick Motz, District Judge. (CA-91-124-JFM)
    Gardnel A. Carter, appellant pro se.
    Mary Jennifer Landis, Assistant Attorney General, Baltimore, Md., for
    appellees.
    D.Md.
    AFFIRMED.
    Before WIDENER, K.K. HALL and PHILLIPS, Circuit Judges.
    OPINION
    PER CURIAM:

    Gardnel A. Carter appeals from the district court's order refusing habeas corpus
    relief pursuant to 28 U.S.C. S 2254. Our review of the record and the district

    court's opinion discloses that this appeal is without merit. Accordingly, we


    affirm on the reasoning of the district court.* Carter v. Waters, CA-91-124-JFM
    (D.Md. Apr. 22, 1991). 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.
    2

    AFFIRMED.

    The district court denied Carter's habeas petition on the grounds that it was
    procedurally barred due to his untimely petition for writ of certiorari in the
    Maryland Court of Appeals. In his docketing statement filed with this Court,
    Carter asserts for the first time that his attorney had refused to file a certiorari
    petition on the grounds that it was inappropriate. This claim indicates that
    Carter's habeas petition may not be procedurally barred because the Maryland
    Court of Appeals could grant leave to file a belated petition for writ of
    certiorari. Carter's remedy is to file a Fed.R.Civ.P. 60(b) motion in the district
    court for relief from that court's denial of his habeas petition

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