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MYERS v. STEPHENSON

No. 84-6049.

748 F.2d 202 (1984)

Jerry Lewis MYERS, Appellant, v. Linwood V. STEPHENSON; Attorney General of the State of North Carolina, Rufus L. Edmisten, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 5, 1984.

Attorney(s) appearing for the Case

Paul Green, Third-year Student (William A. Reppy, Jr., Durham, on brief), for appellant.

Barry A. McNeill, Asst. Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen. of N.C., Raleigh, N.C., on brief), for appellees.

Before MURNAGHAN and SPROUSE, Circuit Judges, and HALLANAN, District Judge.

SPROUSE, Circuit Judge:

We consider whether our decision in Shah v. Hutto, 722 F.2d 1167 (4th Cir.1983) requires the dismissal of Jerry Myers' appeal as untimely filed. Myers appeals the district court's dismissal of his 28 U.S.C. § 2254 habeas corpus petition. He contended in the district court and contends here that (1) his guilty plea to burglary charges in North Carolina state court was induced by his lawyer's misrepresentations...

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