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Cornelius Tucker, Jr. v. Forsyth County Superior Court North Carolina Department of Corrections Gary Dixon, Warden
Citations: 37 F.3d 1495; 1994 U.S. App. LEXIS 34890; 1994 WL 564546Docket: 94-6804
Court: Court of Appeals for the Fourth Circuit; October 17, 1994; Federal Appellate Court
Cornelius Tucker, Jr. appealed the denial of his petition for relief under 28 U.S.C. § 2254 by the United States District Court for the Middle District of North Carolina. The Fourth Circuit reviewed the record and the district court's opinion, which had accepted the magistrate judge's recommendation. The court found Tucker's appeal to be without merit and consequently denied a certificate of probable cause to appeal. The appeal was dismissed based on the reasoning provided by the district court in its earlier ruling. The court determined that oral argument was unnecessary as the pertinent facts and legal arguments were sufficiently presented in the submitted materials.