U.S. Court of Appeals for the Fourth Circuit, 1998

Gaylor v. Commonwealth of VA

Gaylor v. Commonwealth of VA
U.S. Court of Appeals for the Fourth Circuit · Decided March 25, 1998

Gaylor v. Commonwealth of VA

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7632

GENE W. GAYLOR, Petitioner - Appellant, versus

COMMONWEALTH OF VIRGINIA, Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-97-478-R)

Submitted: March 12, 1998 Decided: March 25, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gene W. Gaylor, Appellant Pro Se. Thomas Drummond Bagwell, Assis- tant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals from the district court's order dismissing for lack of jurisdiction his petition for a writ of error coram nobis filed under 28 U.S.C. § 1651 (1994), and his successive habeas corpus petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. See Gaylor v. Virginia, No. CA-97-478-R (W.D. Va. Oct. 17, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process.

DISMISSED

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