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  • Herbert v. Smith, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Lester Herbert of the denial of his 28 U.S.C. § 2254 petition. The court reviewed Herbert's § 2254 petition and the district court's denial and found no reversible error. Accordingly, the court denied a certificate of probable cause to appeal and dismissed the appeal, agreeing with the district court's reasoning for denying the petition.

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    Filed: 1996-01-25 Precedential Status: Non-Precedential Docket: 95-7874

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Lester Herbert of the denial of his 28 U.S.C. § 2254 petition. The court reviewed Herbert's § 2254 petition and the district court's denial and found no reversible error. Accordingly, the court denied a certificate of probable cause to appeal and dismissed the appeal, agreeing with the district court's reasoning for denying the petition.

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    3 views2 pages

    Herbert v. Smith, 4th Cir. (1996)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from David Lester Herbert of the denial of his 28 U.S.C. § 2254 petition. The court reviewed Herbert's § 2254 petition and the district court's denial and found no reversible error. Accordingly, the court denied a certificate of probable cause to appeal and dismissed the appeal, agreeing with the district court's reasoning for denying the petition.

    Copyright:

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-7874

    DAVID LESTER HERBERT,


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

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. M.J. Garbis, District Judge. (CA-95-3281MJG)
    Submitted:

    January 11, 1996

    Decided:

    January 25, 1996

    Before RUSSELL, HALL, and WILKINSON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    David Lester Herbert, Appellant Pro Se. John Joseph Curran, Jr.,
    Attorney General, 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 28 U.S.C. 2254 (1988) petition. We have reviewed
    the record and the district court's opinion and find no reversible
    error. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court.
    Herbert v. Smith, No. CA-95-3281-MJG (D. Md. Nov. 7, 1995). 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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