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    Herbert v. Waters, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Norman Perry Herbert's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. In a per curiam opinion, the Fourth Circuit reviewed the district court's decision and the record, and concluded that Herbert did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    Herbert v. Waters, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Norman Perry Herbert's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. In a per curiam opinion, the Fourth Circuit reviewed the district court's decision and the record, and concluded that Herbert did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    Filed: 2002-09-17 Precedential Status: Non-Precedential Docket: 02-6886

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    The United States Court of Appeals for the Fourth Circuit dismissed Norman Perry Herbert's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. In a per curiam opinion, the Fourth Circuit reviewed the district court's decision and the record, and concluded that Herbert did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    Herbert v. Waters, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Norman Perry Herbert's appeal of the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. In a per curiam opinion, the Fourth Circuit reviewed the district court's decision and the record, and concluded that Herbert did not make a substantial showing of the denial of a constitutional right. Accordingly, the Fourth Circuit denied a certificate of appealability and dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6886

    NORMAN PERRY HERBERT,


    Petitioner - Appellant,
    versus
    LLOYD WATERS, Warden; ATTORNEY GENERAL FOR THE
    STATE OF MARYLAND,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA01-2713-JFM)

    Submitted:

    September 5, 2002

    Decided:

    September 17, 2002

    Before WILKINS, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Norman Perry Herbert, Appellant Pro Se. John Joseph Curran, Jr.,
    Attorney General, Mary Ann Rapp Ince, OFFICE OF THE ATTORNEY
    GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Norman

    Perry

    Herbert

    appeals

    the

    district

    courts

    order

    denying relief on his petition filed under 28 U.S.C. 2254 (2000).


    We have reviewed the record and the district court's opinion and
    conclude on the reasoning of the district court that Herbert has
    not made a substantial showing of the denial of a constitutional
    right.

    See Herbert v. Waters, No. CA-01-2713-JFM (D. Md. June 3,

    2002).

    Accordingly, we deny a certificate of appealability and

    dismiss the appeal.

    See 28 U.S.C. 2253(c) (2000).

    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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