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    Massey v. Smith, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Richard L. Massey, Jr. seeking relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Massey's petition. As such, the Court of Appeals denied Massey's motion for a certificate of probable cause, denied a certificate of appealability, and dismissed the appeal based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    Massey v. Smith, 4th Cir. (1997)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Richard L. Massey, Jr. seeking relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Massey's petition. As such, the Court of Appeals denied Massey's motion for a certificate of probable cause, denied a certificate of appealability, and dismissed the appeal based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

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    Filed: 1997-03-24 Precedential Status: Non-Precedential Docket: 96-6948

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Richard L. Massey, Jr. seeking relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Massey's petition. As such, the Court of Appeals denied Massey's motion for a certificate of probable cause, denied a certificate of appealability, and dismissed the appeal based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

    Copyright:

    Public Domain
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    16 views2 pages

    Massey v. Smith, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Richard L. Massey, Jr. seeking relief on his petition filed under 28 U.S.C. § 2254. The Court of Appeals reviewed the district court record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Massey's petition. As such, the Court of Appeals denied Massey's motion for a certificate of probable cause, denied a certificate of appealability, and dismissed the appeal based on the reasoning of the district court. The Court dispensed with oral argument, finding the facts and legal issues were adequately presented in the court materials.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6948

    RICHARD L. MASSEY, JR.,


    Petitioner - Appellant,
    versus
    WILLIAM L. SMITH; ATTORNEY GENERAL OF THE
    STATE OF MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-941861-L)
    Submitted:

    February 28, 1997

    Decided:

    March 24, 1997

    Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Richard L. Massey, Jr., Appellant Pro Se. John Joseph Curran, Jr.,
    Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL
    OF MARYLAND, Baltimore, Maryland, 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. 2254 (1994), amended
    by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.
    No. 104-132, 110 Stat. 1214. 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 the
    Appellant's motion for a certificate of probable cause, deny a certificate of appealability, and dismiss the appeal on the reasoning
    of the district court. Massey v. Smith, No. CA-94-1861-L (D. Md.
    June 6, 1996). 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

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