Breathwaite v. Hinkle ( 1999 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 99-6068
    WAYNE ALLEN BREATHWAITE,
    Petitioner - Appellant,
    versus
    G. M. HINKLE, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court for the Eastern Dis-
    trict of Virginia, at Richmond. Robert E. Payne, District Judge.
    (CA-98-538-3)
    Submitted:   February 23, 1999            Decided:   March 31, 1999
    Before WIDENER and HAMILTON, Circuit Judges, and PHILLIPS, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Wayne Allen Breathwaite, Appellant Pro Se. Robert H. Anderson, III,
    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Wayne Allen Breathwaite appeals the district court’s order
    denying relief on his petition filed under 
    28 U.S.C.A. § 2254
     (West
    1994 & Supp. 1998).   We have reviewed the record and the district
    court’s opinion and find no reversible error. Accordingly, we deny
    a certificate of appealability and dismiss the appeal on the rea-
    soning of the district court.   See Breathwaite v. Hinkle, No. CA-
    98-538-3 (E.D. Va. Dec. 28, 1998). We also deny Breathwaite’s
    motion to amend proceedings.     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
    2
    

Document Info

Docket Number: 99-6068

Filed Date: 3/31/1999

Precedential Status: Non-Precedential

Modified Date: 4/18/2021