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  • Garcia v. Atty Genl of NC, 4th Cir. (1998)

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition filed by Frank Garcia, Jr. under 28 U.S.C.A. § 2254. The Fourth Circuit denies Garcia's request for a certificate of appealability and dismisses his appeal. The court finds no reversible error in the district court's denial of relief based on the recommendation of the magistrate judge. While Garcia attempts to raise new issues, the Fourth Circuit declines to consider arguments not first presented to the district court. Garcia's motion for production of documents and return of property is also denied.

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    Filed: 1998-04-30 Precedential Status: Non-Precedential Docket: 97-7731

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    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition filed by Frank Garcia, Jr. under 28 U.S.C.A. § 2254. The Fourth Circuit denies Garcia's request for a certificate of appealability and dismisses his appeal. The court finds no reversible error in the district court's denial of relief based on the recommendation of the magistrate judge. While Garcia attempts to raise new issues, the Fourth Circuit declines to consider arguments not first presented to the district court. Garcia's motion for production of documents and return of property is also denied.

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    Garcia v. Atty Genl of NC, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document summarizes an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition filed by Frank Garcia, Jr. under 28 U.S.C.A. § 2254. The Fourth Circuit denies Garcia's request for a certificate of appealability and dismisses his appeal. The court finds no reversible error in the district court's denial of relief based on the recommendation of the magistrate judge. While Garcia attempts to raise new issues, the Fourth Circuit declines to consider arguments not first presented to the district court. Garcia's motion for production of documents and return of property is also denied.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-7731

    FRANK GARCIA, JR.,


    Petitioner - Appellant,
    versus
    ATTORNEY GENERAL OF THE STATE OF NORTH CAROLINA; RAYMOND SMITH,
    Respondents - Appellees.

    Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, Sr.,
    District Judge. (CA-97-109-6)
    Submitted:

    April 16, 1998

    Decided:

    April 30, 1998

    Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Frank Garcia, Jr., Appellant Pro Se. Clarence Joe DelForge, III,
    OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
    Carolina, 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.A. 2254 (West 1994 &
    Supp. 1997). We have reviewed the record and the district court's
    opinion accepting the recommendation of the magistrate judge and
    find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district
    court.* Garcia v. Attorney Gen. of North Carolina, No. CA-97-109-6
    (M.D.N.C. Nov. 21, 1997). To the extent Appellant seeks to raise
    issues in this court which were not first presented to the district
    court for consideration, we decline to review those issues. We
    further deny Appellant's motion for production of documents and for
    return of personal property. 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

    While the district court did not specifically discuss Appellant's claim regarding the filing of tax forms as "new evidence"
    warranting habeas relief, we find this claim to be without merit
    for the same reasons the district court dismissed Appellant's other
    "new evidence" claims. See Stockton v. Virginia, 852 F.2d 740, 749
    (4th Cir. 1988).
    2

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