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John M. Miller v. S.R. Witkowski, Warden T. Travis Medlock, Attorney General of The State of South Carolina, 51 F.3d 267, 4th Cir. (1995)

This document is a court case from the United States Court of Appeals for the Fourth Circuit from April 4, 1995. It summarizes that the appellant, John M. Miller, sought to appeal the district court's denial of his petition for habeas corpus relief. The appeals court reviewed the record and found the appeal lacked merit. Accordingly, the court denied Miller a certificate of probable cause to appeal and dismissed the case based on the reasoning provided by the district court in Miller v. Witkowski, No. CA-94-244-3-19AK (D.S.C. Nov. 9, 1994).

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6 views2 pages

John M. Miller v. S.R. Witkowski, Warden T. Travis Medlock, Attorney General of The State of South Carolina, 51 F.3d 267, 4th Cir. (1995)

This document is a court case from the United States Court of Appeals for the Fourth Circuit from April 4, 1995. It summarizes that the appellant, John M. Miller, sought to appeal the district court's denial of his petition for habeas corpus relief. The appeals court reviewed the record and found the appeal lacked merit. Accordingly, the court denied Miller a certificate of probable cause to appeal and dismissed the case based on the reasoning provided by the district court in Miller v. Witkowski, No. CA-94-244-3-19AK (D.S.C. Nov. 9, 1994).

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51 F.

3d 267

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
John M. MILLER, Petitioner-Appellant,
v.
S.R. WITKOWSKI, Warden; T. Travis Medlock, Attorney
General
of the State of South Carolina, Respondents-Appellees.
No. 94-7371.

United States Court of Appeals, Fourth Circuit.


Submitted: March 15, 1995
Decided: April 4, 1995

Appeal from the United States District Court for the District of South
Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA-94-244-319AK)
John M. Miller, Appellant Pro Se.
Donald John Zelenka, Chief Deputy Attorney General, Columbia, SC, for
Appellees.
Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN,
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. 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.

Miller v. Witkowski, No. CA-94-244-3-19AK (D.S.C. Nov. 9, 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.
2

DISMISSED.

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