Kay Frances Gibbs v. State of North Carolina

Fourth Circuit

Kay Frances Gibbs v. State of North Carolina

59 F.3d 166, 1995 U.S. App. LEXIS 23391, 1995 WL 379710

CourtCourt of Appeals for the Fourth Circuit

DecidedJune 27, 1995

Docket95-6408

StatusPublished

This text of 59 F.3d 166 (Kay Frances Gibbs v. State of North Carolina) 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.

Bluebook

Kay Frances Gibbs v. State of North Carolina, 59 F.3d 166, 1995 U.S. App. LEXIS 23391, 1995 WL 379710 (4th Cir. 1995).

Pincite

Opinion

59 F.3d 166
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Kay Frances GIBBS, Petitioner-Appellant,
v.
STATE of North Carolina, Respondent-Appellee.

No. 95-6408.

United States Court of Appeals, Fourth Circuit.

Submitted May 18, 1995.
Decided June 27, 1995.

Kay Frances Gibbs, Appellant Pro Se.

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Appellant seeks to appeal the district court's orders denying relief on her 28 U.S.C. Sec. 2254 (1988) petition and denying her motion for reconsideration. We have reviewed the record and the district court's opinions and find no reversible error. Accordingly, we grant a certificate of probable cause to appeal and affirm on the reasoning of the district court. Gibbs v. North Carolina, No. CA-95-1014-5-HC (E.D.N.C. Feb. 13, 1995; Mar. 1, 1995). However, because the Appellant may refile her petition upon the exhaustion of state remedies, we modify the judgment to be a dismissal without prejudice. See 28 U.S.C. Sec. 2106 (1988). 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.

AFFIRMED AS MODIFIED

Free access — add to your briefcase to read the full text and ask questions with AI

59 F.3d 166
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Kay Frances GIBBS, Petitioner-Appellant,
v.
STATE of North Carolina, Respondent-Appellee.

No. 95-6408.

United States Court of Appeals, Fourth Circuit.

Submitted May 18, 1995.
Decided June 27, 1995.

Kay Frances Gibbs, Appellant Pro Se.

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Appellant seeks to appeal the district court's orders denying relief on her 28 U.S.C. Sec. 2254 (1988) petition and denying her motion for reconsideration. We have reviewed the record and the district court's opinions and find no reversible error. Accordingly, we grant a certificate of probable cause to appeal and affirm on the reasoning of the district court. Gibbs v. North Carolina, No. CA-95-1014-5-HC (E.D.N.C. Feb. 13, 1995; Mar. 1, 1995). However, because the Appellant may refile her petition upon the exhaustion of state remedies, we modify the judgment to be a dismissal without prejudice. See 28 U.S.C. Sec. 2106 (1988). 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.

AFFIRMED AS MODIFIED

Cite This Page — Counsel Stack

Bluebook (online)

59 F.3d 166, 1995 U.S. App. LEXIS 23391, 1995 WL 379710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kay-frances-gibbs-v-state-of-north-carolina-ca4-1995.