Keith v. State of SC

U.S. Court of Appeals for the Fourth Circuit

Keith v. State of SC

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6900

ROBERT LEON KEITH,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Dennis W. Shedd, District Judge. (CA-99-808-9-19RB)

Submitted: November 30, 2000 Decided: December 6, 2000

Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert Leon Keith, Appellant Pro Se. Derrick K. McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Caro- lina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. Local Rule 36(c). PER CURIAM:

Robert Leon Keith seeks to appeal the district court’s order

denying relief on his petition filed under

28 U.S.C.A. § 2254

(West

1994 & Supp. 2000). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error.* Accordingly, we deny a cer-

tificate of appealability and dismiss the appeal on the reasoning

of the district court. Keith v. South Carolina, No. CA-99-808-9-

19RB (D.S.C. June 9, 2000). 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

* Although the district court relied in part upon Green v. French,

143 F.3d 865

(4th Cir. 1998), cert. denied,

525 U.S. 1090

(1999), in denying Keith’s § 2254 petition, the denial of relief also was correct under the standards announced in Williams v. Taylor,

529 U.S. 362

(2000).

2

Reference

Status
Unpublished