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Cornelius Tucker, Jr. v. North Carolina Attorney General, 69 F.3d 534, 4th Cir. (1995)

Cornelius Tucker Jr. filed a 28 U.S.C. §2254 petition that was denied by the district court. Tucker appealed the denial to the Fourth Circuit Court of Appeals. The Fourth Circuit reviewed the record and district court opinion and found no reversible error. Therefore, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed the case based on the reasoning of the district court. The Fourth Circuit dispensed with oral argument because the facts and legal issues were adequately presented in the case materials.

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16 views1 page

Cornelius Tucker, Jr. v. North Carolina Attorney General, 69 F.3d 534, 4th Cir. (1995)

Cornelius Tucker Jr. filed a 28 U.S.C. §2254 petition that was denied by the district court. Tucker appealed the denial to the Fourth Circuit Court of Appeals. The Fourth Circuit reviewed the record and district court opinion and found no reversible error. Therefore, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed the case based on the reasoning of the district court. The Fourth Circuit dispensed with oral argument because the facts and legal issues were adequately presented in the case materials.

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69 F.

3d 534

NOTICE: Fourth Circuit Local Rule 36(c) 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of unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Cornelius TUCKER, Jr., Petitioner--Appellant,
v.
NORTH CAROLINA ATTORNEY GENERAL, Respondent-Appellee.
No. 95-7240.

United States Court of Appeals, Fourth Circuit.


Oct. 30, 1995.

Cornelius Tucker, Jr., Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA,
Raleigh, North Carolina, for Appellee.
Before WILKINSON, NIEMEYER and LUTTIG, Circuit Judges.
PER CURIAM:

Appellant appeals from the district court's order denying relief on his 28 U.S.C.
Sec. 2254 (1988) petition. We have reviewed the record and the district court's
opinion accepting the recommendation of the magistrate judge and find no
reversible error. Accordingly, we deny a certificate of probable cause to appeal
and dismiss on the reasoning of the district court. Tucker v. North Carolina
Attorney General, No. CA-94-566-6 (M.D.N.C. July 6, 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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