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SWISHER v. TRUE

No. 02-10.

325 F.3d 225 (2003)

Bobby Wayne SWISHER, Petitioner-Appellant, v. Page TRUE, Warden, Sussex I State Prison, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 28, 2003.

Attorney(s) appearing for the Case

ARGUED: Anthony Frazier King, Wallace, King, Marraro & Branson, Washington, D.C., for Appellant. Pamela Anne Rumpz, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellee. ON BRIEF: Steven D. Rosenfield, Charlottesville, Virginia, for Appellant. Jerry W. Kilgore, Attorney General of Virginia, Office of the Attorney General, Richmond, Virginia, for Appellee.

Before LUTTIG and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Application for certificate of appealability denied and appeal dismissed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Senior Judge HAMILTON joined.

OPINION

WILLIAMS, Circuit Judge:

Bobby Wayne Swisher applies to this court for a certificate of appealability (COA) to review the district court's dismissal of his petition under 28 U.S.C.A. § 2254 (West 1994 & Supp.2002).1 Swisher...

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