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  • Neuman v. Duncil, 4th Cir. (1998)

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    Mark Neuman filed a petition under 28 U.S.C.A. § 2254 seeking relief, which was denied by the district court. Neuman appealed. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found no reversible error. The appeals court denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court's denial of Neuman's petition. The appeals court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the case materials.

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    Filed: 1998-04-09 Precedential Status: Non-Precedential Docket: 98-6168

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    Mark Neuman filed a petition under 28 U.S.C.A. § 2254 seeking relief, which was denied by the district court. Neuman appealed. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found no reversible error. The appeals court denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court's denial of Neuman's petition. The appeals court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the case materials.

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    4 views2 pages

    Neuman v. Duncil, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    Mark Neuman filed a petition under 28 U.S.C.A. § 2254 seeking relief, which was denied by the district court. Neuman appealed. The Fourth Circuit Court of Appeals reviewed the record and district court opinion and found no reversible error. The appeals court denied a certificate of appealability and dismissed the appeal, agreeing with the reasoning of the district court's denial of Neuman's petition. The appeals court dispensed with oral argument, finding the facts and legal arguments were adequately presented in the case materials.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6168

    MARK S. NEUMAN,
    Petitioner - Appellant,
    versus
    WILLIAM C. DUNCIL,
    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
    District Judge. (CA-97-72-2)
    Submitted:

    March 26, 1998

    Decided:

    April 9, 1998

    Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Mark S. Neuman, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant appeals 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
    and find no reversible error. Accordingly, we deny a certificate of
    appealability and dismiss the appeal on the reasoning of the district court. Neuman v. Duncil, No. CA-97-72-2 (N.D.W. Va. Jan. 14,
    1998). 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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