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  • Heath v. Angelone, 4th Cir. (2002)

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    Elmer Heath appealed the denial of his habeas corpus petition in federal district court. The United States Court of Appeals for the Fourth Circuit reviewed the district court's decision and found no errors. The appeals court denied Heath's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying habeas relief. The appeals court ruled without oral argument, determining the facts and legal issues were adequately explained in the court documents.

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    Filed: 2002-04-12 Precedential Status: Non-Precedential Docket: 01-7726

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    Elmer Heath appealed the denial of his habeas corpus petition in federal district court. The United States Court of Appeals for the Fourth Circuit reviewed the district court's decision and found no errors. The appeals court denied Heath's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying habeas relief. The appeals court ruled without oral argument, determining the facts and legal issues were adequately explained in the court documents.

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    7 views2 pages

    Heath v. Angelone, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Elmer Heath appealed the denial of his habeas corpus petition in federal district court. The United States Court of Appeals for the Fourth Circuit reviewed the district court's decision and found no errors. The appeals court denied Heath's request for a certificate of appealability and dismissed the appeal, agreeing with the district court's reasoning for denying habeas relief. The appeals court ruled without oral argument, determining the facts and legal issues were adequately explained in the court documents.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 01-7726

    ELMER EUGENE HEATH,


    Petitioner - Appellant,
    versus
    RONALD J. ANGELONE,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
    Judge. (CA-00-920-7)

    Submitted:

    March 22, 2002

    Decided:

    April 12, 2002

    Before NIEMEYER, MOTZ, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Elmer Eugene Heath, Appellant Pro Se. Mark Ralph Davis, OFFICE OF
    THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Elmer Eugene Heath seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 2001).

    We have reviewed the record and the district

    courts opinion and find no reversible error. Accordingly, we deny


    a certificate of appealability and dismiss the appeal on the
    reasoning of the district court. Heath v. Angelone, No. CA-00-9207 (W.D. Va. Sept. 26, 2001).

    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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