Filed: Apr. 05, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7528 ELWALDO R. JAMES, a/k/a Calvin B. Smith, Petitioner - Appellant, versus JON OZMINT, Director SC Department of Corrections; HENRY MCMASTER, Attorney General of SC; WARDEN, LIEBER CORRECTIONAL INSTITUTE, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:05-cv-01294-TLW) Submitted: March 5, 2007 Decided: April 5, 2007
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7528 ELWALDO R. JAMES, a/k/a Calvin B. Smith, Petitioner - Appellant, versus JON OZMINT, Director SC Department of Corrections; HENRY MCMASTER, Attorney General of SC; WARDEN, LIEBER CORRECTIONAL INSTITUTE, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:05-cv-01294-TLW) Submitted: March 5, 2007 Decided: April 5, 2007 B..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7528
ELWALDO R. JAMES, a/k/a Calvin B. Smith,
Petitioner - Appellant,
versus
JON OZMINT, Director SC Department of
Corrections; HENRY MCMASTER, Attorney General
of SC; WARDEN, LIEBER CORRECTIONAL INSTITUTE,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(4:05-cv-01294-TLW)
Submitted: March 5, 2007 Decided: April 5, 2007
Before MOTZ, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Elwaldo R. James, Appellant Pro Se. Roy F. Laney, Nikole Deanna
Haltiwanger, Thomas Lowndes Pope, RILEY, POPE & LANEY, LLC,
Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Elwaldo R. James seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2000) petition. James
challenges the calculation of his sentence, but he has been
released from custody and does not allege that collateral
consequences warrant relief. Accordingly, we deny a certificate of
appealability and dismiss the appeal as moot. See Lane v.
Williams,
455 U.S. 624, 631 (1982); Vandenberg v. Rodgers,
801 F.2d
277, 278 (10th Cir. 1986). 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
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