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  • Sheppard v. Painter, 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gary Sheppard's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its prior opinion.

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    Filed: 1999-07-15 Precedential Status: Non-Precedential Docket: 99-6576

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gary Sheppard's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its prior opinion.

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    8 views2 pages

    Sheppard v. Painter, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Gary Sheppard's appeal of a district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The appeals court reviewed the record and found no reversible error in the district court's acceptance of the magistrate judge's recommendation. The appeals court therefore denied a certificate of appealability and dismissed the appeal based on the reasoning provided by the district court in its prior opinion.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6576

    GARY SHEPPARD,
    Petitioner - Appellant,
    versus
    HOWARD PAINTER, Warden,
    Respondent - Appellee.

    Appeal from the United States District Court for the Southern District of West Virginia, at Parkersburg. Joseph Robert Goodwin,
    District Judge. (CA-98-839-6)

    Submitted:

    July 8, 1999

    Decided:

    July 15, 1999

    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Matthew Anthony Victor, Charleston, West Virginia, for Appellant.
    Scott E. Johnson, Kristine Marie Howard, OFFICE OF THE ATTORNEY
    GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Gary Sheppard seeks to appeal the district courts order
    denying relief on his petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 1999).

    We have reviewed the record and the district

    courts opinion accepting the recommendation of the magistrate


    judge and find no reversible error.

    Accordingly, we deny a cer-

    tificate of appealability and dismiss the appeal on the reasoning


    of the district court.

    See Sheppard v. Painter, No. CA-98-839-6

    (S.D.W. Va. Apr. 13, 1999). 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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