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Wallace S. Davis v. Virginia Department of Corrections, 21 F.3d 422, 4th Cir. (1994)

Wallace S. Davis appealed the district court's denial of his 28 U.S.C. § 2254 petition challenging his conviction and subsequent orders denying his motions for an extension of time and to reopen the case. The Fourth Circuit dismissed the appeals, finding no abuse of discretion. The appeals were without merit based on the reasoning provided by the district court in its opinions denying Davis' petition and motions. The Fourth Circuit dispensed with oral argument, determining the facts and legal issues were adequately presented in the case materials.
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13 views2 pages

Wallace S. Davis v. Virginia Department of Corrections, 21 F.3d 422, 4th Cir. (1994)

Wallace S. Davis appealed the district court's denial of his 28 U.S.C. § 2254 petition challenging his conviction and subsequent orders denying his motions for an extension of time and to reopen the case. The Fourth Circuit dismissed the appeals, finding no abuse of discretion. The appeals were without merit based on the reasoning provided by the district court in its opinions denying Davis' petition and motions. The Fourth Circuit dispensed with oral argument, determining the facts and legal issues were adequately presented in the case materials.
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21 F.

3d 422
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished
dispositions is disfavored except for establishing res judicata, estoppel, or the law
of the case and requires service of copies of cited unpublished dispositions of the
Fourth Circuit.

Wallace S. DAVIS, Petitioner Appellant,


v.
VIRGINIA DEPARTMENT OF CORRECTIONS, Respondent
Appellee.
Nos. 94-6005, 94-6069.

United States Court of Appeals, Fourth Circuit.


Submitted March 17, 1994.
Decided April 4, 1994.

Appeals from the United States District Court for the Eastern District of
Virginia, at Alexandria. Albert V. Bryan, Jr., Senior District Judge.
Wallace S. Davis, appellant pro se.
Thomas Drummond Bagwell, Assistant Attorney General, Richmond,
VA, for appellee.
E.D.Va.
DISMISSED.
Before PHILLIPS and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
PER CURIAM:

Appellant seeks to appeal the district court's order denying relief on his 28
U.S.C. Sec. 2254 (1988) petition, and subsequent orders denying his motion for
extension of time, "Motion to Reopen Case and To Reopen Judgment," and
"Motion for Review or in the Alternative 'Second' Motion to Reopen Case and
Judgment." Our review of the record and the district court's opinions discloses

no abuse of discretion and that these appeals are without merit. Hence, we deny
a certificate of probable cause to appeal and dismiss the appeals on the
reasoning of the district court. Davis v. Virginia Dep't of Corrections, No. CA93-1148 (E.D. Va. Dec. 1, 1994; Dec. 7, 1994; Dec. 10, 1994; Dec. 21, 1994).
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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