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  • Barnes v. NC Attorney General, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bill Barnes of the denial of his motion seeking relief under 28 U.S.C.A. § 2254. The Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Barnes' motion. As such, the Court of Appeals denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its prior order.

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    Filed: 1997-11-14 Precedential Status: Non-Precedential Docket: 97-6563

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bill Barnes of the denial of his motion seeking relief under 28 U.S.C.A. § 2254. The Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Barnes' motion. As such, the Court of Appeals denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its prior order.

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    12 views2 pages

    Barnes v. NC Attorney General, 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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Bill Barnes of the denial of his motion seeking relief under 28 U.S.C.A. § 2254. The Court of Appeals reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation to deny Barnes' motion. As such, the Court of Appeals denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its prior order.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 97-6563

    BILL BARNES,
    Petitioner - Appellant,
    versus
    NORTH CAROLINA ATTORNEY GENERAL; MIKE EASLEY,
    Superintendent,
    Respondents - Appellees.

    Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Richard C. Erwin, Senior
    District Judge. (CA-96-711-3)
    Submitted:

    October 23, 1997

    Decided:

    November 14, 1997

    Before HAMILTON and WILLIAMS, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Bill Barnes, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE
    OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
    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
    his motion filed under 28 U.S.C.A. 2254 (West 1994 & Supp. 1997).
    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 a certificate of appealability and dismiss the appeal on the reasoning of the district
    court. Barnes v. North Carolina Attorney General, No. CA-96-711-3
    (M.D.N.C. Apr. 3, 1997).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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