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873 F.2d 1440

Docket No. 88-4011.

Singleton v. McKellar

Fourth Circuit Court of Appeals

Argued: March 8, 1989. Decided: April 3, 1989. Rehearing and Rehearing In Banc Denied May 5, 1989.

Fourth Circuit Court of Appeals · decided 1989-04-03

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

Relies on Devitt Person v. Court of Southampton County

Opinion by Per Curiam · Decided 1989-04-03

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

John Henry Blume, III (Franklin W. Draper, South Carolina Death Penalty Resource Center; Thomas W. Bunchy, II, Robinson, McFadden & Moore, P.A., on brief), for appellant.

Donald John Zelenka, Chief Deputy Attorney General, for appellees.

Before K.K. HALL, CHAPMAN, and WILKINSON, Circuit Judges.

PER CURIAM:

¶1

Fred Singleton appeals from the district court's order denying his petition for habeas corpus relief under 28 U.S.C. Sec. 2254. Our review of the record and consideration of the briefs and oral argument demonstrates that the district court's dismissal of appellant's petition because it contained unexhausted claims was entirely appropriate. Accordingly, we affirm for the reasons stated by the district court. Singleton v. McKellar, C/A No. 3:87-2466-155 (D.S.C. Sept. 23, 1988).

¶2

AFFIRMED.

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