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19 F. App'x 61

Heckstall v. Angelone

U.S. Courts of Appeals

Decided September 11, 2001

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U.S. Courts of Appeals · decided 2001-09-11

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636

Relies on Williams v. Taylor · Harris v. Hutchinson

Decided 2001-09-11

PER CURIAM.

¶1 Harry Heckstall appeals the magistrate judge’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2000). 1 Although we conclude Heckstall’s § 2254 petition was timely filed, 2 we find his claims are meritless. See Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). Accordingly, we deny a certificate of appealability and dismiss the appeal for that reason. 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.

¶2 DISMISSED.

1

¶3 . The parties consented to jurisdiction of the magistrate judge under 28 U.S.C.A. § 636(c) (West 1993 & Supp.2000).

2

¶4 . See Harris v. Hutchinson, 209 F.3d 325 (4th Cir.2000).

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