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Thomas R. Boyer, Jr. v. State of Maryland Arrie W. Davis, Judge Lisa K. Bankins, Official Court Reporter, 996 F.2d 1210, 4th Cir. (1993)

This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes a case where Thomas R. Boyer Jr. appealed a district court ruling denying his claim that his right to access the courts was violated by the unavailability of his guilty plea transcript. The appeals court affirmed the district court's ruling, finding that to the extent Boyer's claim attacked his confinement, he did not exhaust state remedies, and to the extent it raised a civil rights claim, the district court's reasoning was correct to deny relief. The appeals court also denied Boyer's motion for declaratory judgment and request to clarify his claim.

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64 views2 pages

Thomas R. Boyer, Jr. v. State of Maryland Arrie W. Davis, Judge Lisa K. Bankins, Official Court Reporter, 996 F.2d 1210, 4th Cir. (1993)

This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes a case where Thomas R. Boyer Jr. appealed a district court ruling denying his claim that his right to access the courts was violated by the unavailability of his guilty plea transcript. The appeals court affirmed the district court's ruling, finding that to the extent Boyer's claim attacked his confinement, he did not exhaust state remedies, and to the extent it raised a civil rights claim, the district court's reasoning was correct to deny relief. The appeals court also denied Boyer's motion for declaratory judgment and request to clarify his claim.

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996 F.

2d 1210

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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 R. BOYER, Jr., Plaintiff-Appellant,
v.
STATE OF MARYLAND; Arrie W. Davis, Judge; Lisa K.
Bankins,
Official Court Reporter, Defendants-Appellees.
No. 93-6166.

United States Court of Appeals,


Fourth Circuit.
Submitted: March 31, 1993.
Decided: June 25, 1993.

Appeal from the United States District Court for the District of Maryland,
at Baltimore. Walter E. Black, Jr., Chief District Judge. (CA-92-2948-B)
Thomas R. Boyer, Jr., Appellant Pro Se.
Alexander Wright, Jr., Office of the Attorney General of Maryland,
Baltimore, Maryland, for Appellees.
D.Md.
AFFIRMED.
Before HALL and WILKINS, Circuit Judges, and SPROUSE, Senior
Circuit Judge.
PER CURIAM:

OPINION

Thomas R. Boyer, Jr., appeals from the district court's order denying relief on
his claim that his right of access to the courts was infringed upon by the
unavailability of his guilty plea transcript. To the extent that Boyer's claim
attacked the fact or duration of his confinement, relief was properly denied
because Boyer did not exhaust his state remedies. 28 U.S.C. 2254(b); Preiser
v. Rodriguez, 411 U.S. 475 (1973). To the extent that Boyer raised a claim
under 42 U.S.C. 1983 (1988), we affirm on the reasoning of the district court.
Boyer v. Maryland, No. CA-92-2948-B (D. Md. Jan. 25, 1993). We deny
Boyer's Motion for Declaratory Judgment and his request to particularize his
claim. 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.
AFFIRMED

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