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  • Bernard Barnes v. Michael C. Samberg, Warden Attorney General of The State of Virginia, 818 F.2d 861, 4th Cir. (1987)

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    The court dismissed an appeal from a magistrate's order that denied habeas corpus relief to a petitioner under 28 U.S.C. Sec. 2254. The court found no merit in appealing the magistrate's order because the dispositive issues had recently been authoritatively decided. The court denied a certificate of probable cause to appeal and dismissed the appeal, relying on the reasoning provided by the magistrate in its earlier order.

    Original Description:

    Filed: 1987-05-08 Precedential Status: Non-Precedential Citations: 818 F.2d 861 Docket: 86-7277

    Original Title

    Bernard Barnes v. Michael C. Samberg, Warden Attorney General of the State of Virginia, 818 F.2d 861, 4th Cir. (1987)

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    The court dismissed an appeal from a magistrate's order that denied habeas corpus relief to a petitioner under 28 U.S.C. Sec. 2254. The court found no merit in appealing the magistrate's order because the dispositive issues had recently been authoritatively decided. The court denied a certificate of probable cause to appeal and dismissed the appeal, relying on the reasoning provided by the magistrate in its earlier order.

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    9 views1 page

    Bernard Barnes v. Michael C. Samberg, Warden Attorney General of The State of Virginia, 818 F.2d 861, 4th Cir. (1987)

    Uploaded by

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    The court dismissed an appeal from a magistrate's order that denied habeas corpus relief to a petitioner under 28 U.S.C. Sec. 2254. The court found no merit in appealing the magistrate's order because the dispositive issues had recently been authoritatively decided. The court denied a certificate of probable cause to appeal and dismissed the appeal, relying on the reasoning provided by the magistrate in its earlier order.

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    of 1

    818 F.

    2d 861
    Unpublished Disposition

    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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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.
    Bernard BARNES, Petitioner-Appellant,
    v.
    Michael C. SAMBERG, Warden; Attorney General of the State
    of Virginia, Respondents-Appellees.
    No. 86-7277.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 21, 1987.
    Decided May 8, 1987.

    Before WIDENER and WILKINSON, Circuit Judges, and BUTZNER,


    Senior Circuit Judge.
    Bernard Barnes, appellant pro se.
    Thomas D. Bagwell, Assistant Attorney General, for appellees.
    PER CURIAM:

    A review of the record and the magistrate's opinion discloses that an appeal
    from its order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254
    would be Without merit. Because the dispositive issues recently have been
    decided authoritatively, We deny a certificate of probable cause to appeal,
    dispense with oral argument, and dismiss the appeal on the reasoning of the
    magistrate. Barnes v. Samberg, C/A No. 86-0348 (E.D. Va., Sept. 12, 1986).

    DISMISSED.

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