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  • Luci v. McBride, 4th Cir. (2009)

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    Stephen Luci appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no reversible error. The Fourth Circuit examined the record thoroughly and affirmed the district court's ruling for the reasons stated in its August 26, 2008 decision. The Fourth Circuit also granted Luci's motion to exceed page limits for his informal brief but decided oral arguments were not necessary.

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    Filed: 2009-06-09 Precedential Status: Non-Precedential Docket: 08-8014

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    Stephen Luci appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no reversible error. The Fourth Circuit examined the record thoroughly and affirmed the district court's ruling for the reasons stated in its August 26, 2008 decision. The Fourth Circuit also granted Luci's motion to exceed page limits for his informal brief but decided oral arguments were not necessary.

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    10 views2 pages

    Luci v. McBride, 4th Cir. (2009)

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    Scribd Government Docs
    Stephen Luci appealed the district court's denial of his 28 U.S.C. § 2254 petition. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no reversible error. The Fourth Circuit examined the record thoroughly and affirmed the district court's ruling for the reasons stated in its August 26, 2008 decision. The Fourth Circuit also granted Luci's motion to exceed page limits for his informal brief but decided oral arguments were not necessary.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 08-8014

    STEPHEN LUCI,
    Petitioner Appellant,
    v.
    THOMAS L. MCBRIDE, Warden; THE ATTORNEY GENERAL OF THE STATE
    OF WEST VIRGINIA; DAVID BALLARD, Warden,
    Respondents Appellees.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Martinsburg.
    Robert E. Maxwell,
    Senior District Judge. (3:07-cv-00011-REM-JES)

    Submitted:

    May 18, 2009

    Decided:

    June 9, 2009

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Stephen Luci, Appellant Pro Se.


    Dawn Ellen Warfield, Deputy
    Attorney General, Robert David Goldberg, Assistant Attorney
    General, Charleston, West Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Stephen

    Luci

    appeals

    the

    district

    courts

    order

    accepting the recommendation of the magistrate judge and denying


    relief on his 28 U.S.C. 2254 (2006) petition.

    Because the

    district court granted a certificate of appealability, we review


    all claims properly preserved by Luci on appeal on their merits.
    We have thoroughly examined the record and find no reversible
    error.
    district

    Accordingly, we affirm for the reasons stated by the


    court.

    Luci

    v.

    (N.D. W. Va. Aug. 26, 2008).

    McBride,

    No.

    3:07-cv-00011-REM-JES

    Although we grant Lucis motion to

    exceed page limits for his informal brief, 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.
    AFFIRMED

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