Cummings v. State of SC, (4th Cir. 1997)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7545

CALVIN CUMMINGS, Petitioner - Appellant, versus

STATE OF SOUTH CAROLINA; CHARLES MOLONY

CONDON, Attorney General of the State of South

Carolina, Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Joseph F. Anderson, District Judge.

(CA-96-1396-0-17BD)

Submitted: April 17, 1997 Decided: April 29, 1997

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

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Calvin Cummings, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). 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 appealability and dismiss the appeal on the reasoning of the district court. Cummings v. South Carolina , No. CA-96-1396-0-17BD (D.S.C. Sept. 18, 1996). 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

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