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Gregory Marshall v. Sewall Smith, Acting Warden McAc Attorney General of The State of Maryland, J. Joseph Curran, JR., 958 F.2d 368, 4th Cir. (1992)

The Fourth Circuit Court of Appeals dismissed Gregory Marshall's appeal of a district court's denial of habeas corpus relief. In a per curiam opinion, the Court found the appeal lacked merit after reviewing the record and district court decision. The Court denied a certificate of probable cause to appeal and dismissed the case based on the reasoning provided by the district court in Marshall v. Smith. The Court determined oral arguments were not necessary as the facts and legal issues were adequately explained in the case materials.

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20 views2 pages

Gregory Marshall v. Sewall Smith, Acting Warden McAc Attorney General of The State of Maryland, J. Joseph Curran, JR., 958 F.2d 368, 4th Cir. (1992)

The Fourth Circuit Court of Appeals dismissed Gregory Marshall's appeal of a district court's denial of habeas corpus relief. In a per curiam opinion, the Court found the appeal lacked merit after reviewing the record and district court decision. The Court denied a certificate of probable cause to appeal and dismissed the case based on the reasoning provided by the district court in Marshall v. Smith. The Court determined oral arguments were not necessary as the facts and legal issues were adequately explained in the case materials.

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958 F.

2d 368

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Gregory MARSHALL, Petitioner-Appellant,
v.
Sewall SMITH, Acting Warden; MCAC; Attorney General of
the
State of Maryland, J. Joseph Curran, Jr.,
Respondents-Appellees.
No. 92-6059.

United States Court of Appeals, Fourth Circuit.


Submitted March 2, 1992.
Decided March 17, 1992.

Appeal from the United States District Court for the District of Maryland,
at Baltimore. Herbert N. Maletz, Senior District Judge. (CA-91-1557-B)
Gregory Marshall, appellant pro se.
Mary Ellen Barbera, Assistant Attorney General, Baltimore, Md., for
appellees.
D.Md.
DISMISSED.
Before SPROUSE and WILKINSON, Circuit Judges, and CHAPMAN,
Senior Circuit Judge.
OPINION
PER CURIAM:

Gregory Marshall 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 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. Marshall v. Smith, No. CA-911557-B (D.Md. Dec. 27, 1991). 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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