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United States Court of Appeals, Fourth Circuit

This document is a court ruling dismissing an appeal from a district court's denial of a habeas corpus petition. In a per curiam opinion, the Fourth Circuit Court of Appeals found the appeal to be without merit. Specifically, the court held that the state was not required to provide the appellant a transcript of his state court proceedings for use in preparing a collateral attack, since the appellant failed to demonstrate a particularized need for the transcript. Accordingly, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal.

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18 views2 pages

United States Court of Appeals, Fourth Circuit

This document is a court ruling dismissing an appeal from a district court's denial of a habeas corpus petition. In a per curiam opinion, the Fourth Circuit Court of Appeals found the appeal to be without merit. Specifically, the court held that the state was not required to provide the appellant a transcript of his state court proceedings for use in preparing a collateral attack, since the appellant failed to demonstrate a particularized need for the transcript. Accordingly, the Fourth Circuit denied a certificate of probable cause to appeal and dismissed the appeal.

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23 F.

3d 401
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished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of the case and requires service of copies of cited unpublished dispositions of the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.

Thomas M. LINDSEY, Petitioner Appellant,


v.
Parker EVATT, Commissioner for the South Carolina
Department
of Corrections, and the State of South Carolina; T. Travis
Medlock, Attorney General of the State of South Carolina,
Respondents Appellees.
No. 94-6002.

United States Court of Appeals, Fourth Circuit.


Submitted April 21, 1994.
Decided May 17, 1994.

Appeal from the United States District Court for the District of South
Carolina, at Columbia. Charles E. Simons, Jr., Senior District Judge. (CA93-3065-3-6BC)
Thomas M. Lindsey, appellant pro se.
D.S.C.
DISMISSED.
Before ERVIN, Chief Judge, MICHAEL, Circuit Judge, 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. Because Appellant stated no


particularized need for a transcript of his state court proceedings, the state was
not required to furnish it for use in preparing a collateral attack on his
conviction. See Jones v. Superintendent, Va. State Farm, 460 F.2d 150 (4th
Cir.1972), cert. denied, 410 U.S. 944 (1973). 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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