Filed: May 15, 2003
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7413 RICKEY BERNARD ROBERTS, Petitioner - Appellant, versus J. JOSEPH CURRAN, JR., Attorney General, State of Maryland, Respondent - Appellee, and HARRY K. SINGLETARY, Secretary, Florida Department of Corrections, Respondent. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96- 478-AMD) Submitted: April 24, 2003 Decided: May 15, 2003 Before WILLIAMS
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7413 RICKEY BERNARD ROBERTS, Petitioner - Appellant, versus J. JOSEPH CURRAN, JR., Attorney General, State of Maryland, Respondent - Appellee, and HARRY K. SINGLETARY, Secretary, Florida Department of Corrections, Respondent. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96- 478-AMD) Submitted: April 24, 2003 Decided: May 15, 2003 Before WILLIAMS ..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7413
RICKEY BERNARD ROBERTS,
Petitioner - Appellant,
versus
J. JOSEPH CURRAN, JR., Attorney General, State
of Maryland,
Respondent - Appellee,
and
HARRY K. SINGLETARY, Secretary, Florida
Department of Corrections,
Respondent.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96-
478-AMD)
Submitted: April 24, 2003 Decided: May 15, 2003
Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Martin J. McClain, OFFICE OF THE CAPITAL COLLATERAL REGIONAL
COUNSEL, Ft. Lauderdale, Florida; H. Mark Stichel, Benjamin D.
Hinceman, GOHN, HANKEY & STICHEL, L.L.P., Baltimore, Maryland, for
Appellant. J. Joseph Curran, Jr., Attorney General of Maryland,
Ann N. Bosse, Assistant Attorney General, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
2
PER CURIAM:
Rickey Bernard Roberts appeals the district court’s order
denying relief on his petition filed under 28 U.S.C. § 2254 (1994)
(current version at 28 U.S.C. § 2254 (2000)).* We have reviewed the
record and find no reversible error. Accordingly, we affirm on the
reasoning of the district court. See Roberts v. Curran, No. CA-96-
478-AMD (D. Md. Aug. 21, 2002); see also Lindh v. Murphy,
521 U.S.
320, 336-37 (1997). 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.
AFFIRMED
*
The district court granted Roberts’ motion for a certificate
of appealability on September 21, 2002. See 28 U.S.C. § 2253(c)
(requiring certificate as prerequisite to appeal from denial of
writ). We need not decide whether Roberts properly should have
requested a certificate of probable cause to appeal because the
standard for both are the same. See Slack v. McDaniel,
529 U.S.
473, 483 (2000) (“Except for substituting the word ‘constitutional’
for the word ‘federal,’ § 2253 is a codification of the
[certificate of probable cause] standard.”).
3