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902 F.2d 1564

Docket No. 89-6739.

Caudell v. Waters

Fourth Circuit Court of Appeals

Submitted Jan. 25, 1990. Decided April 26, 1990. Rehearing and Rehearing En Banc Denied May 21, 1990.

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Fourth Circuit Court of Appeals · decided 1990-05-21

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

Relies on Capital Tool and Manufacturing Co., Inc. v. Maschinenfabrik Herkules, Hans Thoma Gmbh Christoph Thoma Roy a Ridgeway Herkules North America Corp.

Opinion by Per Curiam · Decided 1990-05-21

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, District Judge. (C/A No. 89-135-N)

Robert Clayton Caudell, appellant pro se.

Stuart E. Katz, Steven Lieberman, City Attorney's Office, Portsmouth, Va., for appellee.

E.D.Va.

DISMISSED.

Before DONALD RUSSELL, PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:

¶1

Robert Clayton Caudell seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Caudell v. Waters, C/A No. 89-135-N (E.D.Va. July 17, 1989). We also deny plaintiff's motions for a transcript at government expense and a court-appointed attorney. 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.

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