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Walter Oliver Melvin v. Michael E. Bumgarner Attorney General of The State of North Carolina, 887 F.2d 1080, 4th Cir. (1989)

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition filed by Walter Oliver Melvin. The three judge panel granted a certificate of probable cause but modified the lower court's judgment. They affirmed the dismissal of Melvin's challenges to his sentences as moot since he had completed his sentences. They also affirmed the dismissal of Melvin's claim regarding the lawfulness of his pretrial detention as it would not justify habeas corpus relief.

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15 views2 pages

Walter Oliver Melvin v. Michael E. Bumgarner Attorney General of The State of North Carolina, 887 F.2d 1080, 4th Cir. (1989)

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding a habeas corpus petition filed by Walter Oliver Melvin. The three judge panel granted a certificate of probable cause but modified the lower court's judgment. They affirmed the dismissal of Melvin's challenges to his sentences as moot since he had completed his sentences. They also affirmed the dismissal of Melvin's claim regarding the lawfulness of his pretrial detention as it would not justify habeas corpus relief.

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887 F.

2d 1080
Unpublished Disposition

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Walter Oliver MELVIN, Petitioner-Appellant,
v.
Michael E. BUMGARNER; Attorney General of the State of
North Carolina, Respondent-Appellee.
No. 88-6553.

United States Court of Appeals, Fourth Circuit.


Submitted: Aug. 18, 1989.
Decided: Sept. 26, 1989.

Walter Oliver Melvin, appellant pro se.


Richard Norwood League (Office of the Attorney General of North
Carolina), for appellee.
Before K.K. HALL, SPROUSE and WILKINS, Circuit Judges.
PER CURIAM:

Walter Oliver Melvin appeals the district court's denial of his 28 U.S.C. Sec.
2254 petition for habeas corpus relief. We grant a certificate of probable cause,
modify the judgment, and affirm the judgment as modified.

Melvin's challenges to his sentences are moot, as he has served his sentences
and his parole has been terminated. See Lane v. Williams, 455 U.S. 624 (1982).
Accordingly, we modify the district court's dismissal of those claims to state
that they are dismissed as moot.

We affirm the district court's dismissal of Melvin's claim that his pretrial

We affirm the district court's dismissal of Melvin's claim that his pretrial
detention was unlawful. This claim, even if true, would not justify habeas
corpus relief. See Gerstein v. Pugh, 420 U.S. 103, 119 (1975).

We dispense with oral argument because the facts and legal arguments are
adequately presented in the materials before the Court and oral argument would
not significantly aid the decisional process.
AFFIRMED AS MODIFIED

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