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36 F. App'x 96

Agnew v. Garraghty

U.S. Courts of Appeals

Decided June 3, 2002

U.S. Courts of Appeals · decided 2002-06-03

Applies 28 U.S.C. § 2244 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Sherwood Hill v. D a Braxton

Dismissed by unpublished PER CURIAM opinion · Decided 2002-06-03

PER CURIAM.

¶1 Terrence Agnew seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny the motion to proceed on appeal in forma pauperis, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. * See Agnew v. Garraghty, No. CA-01-1743-AM (E.D.Va. Nov. 27, 2001). 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.

*

¶3 Additionally, we find the district court’s sua sponte dismissal of Agnew’s petition does not implicate Hill v. Braxton, 277 F.3d 701, 707 (4th Cir.2002), as Agnew failed to offer a valid basis that would justify either reliance on a later starting point in 28 U.S.C.A. § 2244(d)(1) (West Supp.2001), or equitable tolling, thereby salvaging his otherwise untimely petition.

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