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MAYNARD v. DIXON

No. 90-4000.

943 F.2d 407 (1991)

Anson Avery MAYNARD, Petitioner-Appellant, v. Gary DIXON, Warden, Central Prison, Raleigh, NC; LACY H. THORNBURG, Attorney General of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1991.

Attorney(s) appearing for the Case

James Richard Glover, Glover & Petersen, P.A., Chapel Hill, N.C., argued (Ann B. Petersen, Chapel Hill, N.C., Marshall Dayan, North Carolina Resource Center, Raleigh, N.C., on brief), for petitioner-appellant.

Joan Herre Byers, Sp. Deputy Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., argued (Lacy H. Thornburg, Atty. Gen., Barry S. McNeill, Sp. Deputy Atty. Gen., on brief), for respondents-appellees.

Before RUSSELL, PHILLIPS and MURNAGHAN, Circuit Judges.

OPINION

PHILLIPS, Circuit Judge:

This is an appeal of the district court's denial of Anson Avery Maynard's habeas petition challenging on eleven separate grounds his 1981 conviction in North Carolina for first-degree murder. The district court granted the State's summary judgment motion on all grounds after deciding not to hold an evidentiary hearing or permit discovery. Maynard challenges the procedures followed by the district court and assigns error to...

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