Kenneth L. Gardner v. Ronald Jones, Superintendent of Prisoner Correctional Institute Michael Easley, Attorney General of the State of North Carolina

Fourth Circuit

Kenneth L. Gardner v. Ronald Jones, Superintendent of Prisoner Correctional Institute Michael Easley, Attorney General of the State of North Carolina

53 F.3d 328, 1995 U.S. App. LEXIS 16738, 1995 WL 263468

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 5, 1995

Docket94-6483

StatusPublished

This text of 53 F.3d 328 (Kenneth L. Gardner v. Ronald Jones, Superintendent of Prisoner Correctional Institute Michael Easley, Attorney General of the 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

Kenneth L. Gardner v. Ronald Jones, Superintendent of Prisoner Correctional Institute Michael Easley, Attorney General of the State of North Carolina, 53 F.3d 328, 1995 U.S. App. LEXIS 16738, 1995 WL 263468 (4th Cir. 1995).

Pincite

Opinion

53 F.3d 328
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Kenneth L. GARDNER, Petitioner--Appellant,
v.
Ronald JONES, Superintendent of Prisoner Correctional
Institute; Michael Easley, Attorney General of
the State of North Carolina,
Respondents--Appellees.

No. 94-6483.

United States Court of Appeals, Fourth Circuit.

Submitted April 11, 1995.
Decided May 5, 1995.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Richard L. Voorhees, Chief District Judge. (CA-93-58)

Kenneth L. Gardner, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, NC, for Appellees.

Before HAMILTON and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. 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 certificate of probable cause to appeal, deny in forma pauperis status, and dismiss the appeal on the reasoning of the district court. Gardner v. Jones, No. CA-93-58 (W.D.N.C. Mar. 30, 1994). Because there are no complex or substantial issues presented in this appeal, we deny Appellant's motion for appointment of counsel. 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

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

53 F.3d 328
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.

Kenneth L. GARDNER, Petitioner--Appellant,
v.
Ronald JONES, Superintendent of Prisoner Correctional
Institute; Michael Easley, Attorney General of
the State of North Carolina,
Respondents--Appellees.

No. 94-6483.

United States Court of Appeals, Fourth Circuit.

Submitted April 11, 1995.
Decided May 5, 1995.

Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Richard L. Voorhees, Chief District Judge. (CA-93-58)

Kenneth L. Gardner, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, NC, for Appellees.

Before HAMILTON and WILLIAMS, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. 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 certificate of probable cause to appeal, deny in forma pauperis status, and dismiss the appeal on the reasoning of the district court. Gardner v. Jones, No. CA-93-58 (W.D.N.C. Mar. 30, 1994). Because there are no complex or substantial issues presented in this appeal, we deny Appellant's motion for appointment of counsel. 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

Cite This Page — Counsel Stack

Bluebook (online)

53 F.3d 328, 1995 U.S. App. LEXIS 16738, 1995 WL 263468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-l-gardner-v-ronald-jones-superintendent-of-ca4-1995.