Irvin K. Scales v. Talmadge Barnett Attorney General of North Carolina, 966 F.2d 1444, 4th Cir. (1992)
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Scribd Government DocsIrvin K. Scales v. Talmadge Barnett Attorney General of North Carolina, 966 F.2d 1444, 4th Cir. (1992)
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Scribd Government Docs966 F.
2d 1444
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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Irvin K. SCALES, Petitioner-Appellant,
v.
Talmadge BARNETT; Attorney General of North Carolina,
Respondents-Appellees.
No. 90-7090.
United States Court of Appeals,
Fourth Circuit.
Submitted: June 1, 1992
Decided: June 12, 1992
Appeal from the United States District Court for the Middle District of
North Carolina, at Winston-Salem. Eugene A. Gordon, Senior District
Judge. (CA-89-405-WS)
Irvin K. Scales, Petitioner Pro Se.
Richard Norwood League, Office of the Attorney General of North
Carolina, Raleigh, North Carolina, for Appellees.
M.D.N.C.
DISMISSED.
Before PHILLIPS, WILKINSON, and LUTTIG, Circuit Judges.
OPINION
PER CURIAM:
Irvin K. Scales seeks to appeal the district court's order refusing habeas corpus
relief pursuant to 28 U.S.C. 2254 (1988). Our review of the record and the
district court's opinion accepting the recommendation of the magistrate judge
discloses that this appeal is without merit.* Accordingly, we deny a certificate
of probable cause to appeal and dismiss the appeal on the reasoning of the
district court. Scales v. Barnett, No. CA-89-405-WS (M.D.N.C. July 10, 1990).
We also deny Scales's motion for production and review of full transcript. 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
Regarding those claims found to be procedurally barred based on the checklist
order of the state post-conviction court, we have alternatively reviewed the
merits of those claims and find each of them lacking
