Aaron Doxie, III v. Edward W. Murray, Director of the Virginia Department of Corrections

Fourth Circuit

Aaron Doxie, III v. Edward W. Murray, Director of the Virginia Department of Corrections

37 F.3d 1493, 1994 U.S. App. LEXIS 34825, 1994 WL 564568

CourtCourt of Appeals for the Fourth Circuit

DecidedOctober 17, 1994

Docket94-6330

StatusPublished

This text of 37 F.3d 1493 (Aaron Doxie, III v. Edward W. Murray, Director of the Virginia Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Aaron Doxie, III v. Edward W. Murray, Director of the Virginia Department of Corrections, 37 F.3d 1493, 1994 U.S. App. LEXIS 34825, 1994 WL 564568 (4th Cir. 1994).

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Opinion

37 F.3d 1493
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Aaron DOXIE, III, Petitioner Appellant,
v.
Edward W. MURRAY, Director of the Virginia Department of
Corrections, Respondent Appellee.

No. 94-6330.

United States Court of Appeals, Fourth Circuit.

Submitted: September 26, 1994
Decided: October 17, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-93-437-2)

Aaron Doxie, III, Appellant Pro Se.

John H. McLees, Jr., Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

E.D.Va.

DISMISSED.

Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.

PER CURIAM:

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge 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.* Doxie v. Murray, No. CA-93-437-2 (E.D. Va. Feb. 24, 1994). 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

*

We note that even if, as Doxie alleges, the magistrate judge erred by finding his ineffective assistance claims to be procedurally barred, the district court properly denied relief based on the magistrate judge's proper rejection of those claims on the merits

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37 F.3d 1493
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.

Aaron DOXIE, III, Petitioner Appellant,
v.
Edward W. MURRAY, Director of the Virginia Department of
Corrections, Respondent Appellee.

No. 94-6330.

United States Court of Appeals, Fourth Circuit.

Submitted: September 26, 1994
Decided: October 17, 1994.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-93-437-2)

Aaron Doxie, III, Appellant Pro Se.

John H. McLees, Jr., Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

E.D.Va.

DISMISSED.

Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit Judges.

PER CURIAM:

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge 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.* Doxie v. Murray, No. CA-93-437-2 (E.D. Va. Feb. 24, 1994). 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

*

We note that even if, as Doxie alleges, the magistrate judge erred by finding his ineffective assistance claims to be procedurally barred, the district court properly denied relief based on the magistrate judge's proper rejection of those claims on the merits

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37 F.3d 1493, 1994 U.S. App. LEXIS 34825, 1994 WL 564568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaron-doxie-iii-v-edward-w-murray-director-of-the--ca4-1994.