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CUMMINGS v. POLK

No. 06-11.

475 F.3d 230 (2007)

Daniel CUMMINGS, Jr., Petitioner-Appellant, v. Marvin POLK, Warden, Central Prison, Raleigh, North Carolina; Roy Cooper, Attorney General, State of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 2007.

Attorney(s) appearing for the Case

ARGUED: Jennifer Harjo, Smith, Smith & Harjo, Wilmington, North Carolina; Nora Henry Hargrove, Wilmington, North Carolina, for Appellant. Steven Mark Arbogast, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Roy Cooper, Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Affirmed by published opinion. Judge KING wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.

KING, Circuit Judge.

Appellant Daniel Cummings, Jr., facing a death sentence imposed by the Superior Court of Brunswick County, North Carolina, appeals from the district court's dismissal of his § 2254 petition for federal habeas corpus relief. See Cummings v. Polk, 2006 WL 4007531 (E.D.N.C. January 31, 2006) (the "District Court Decision...

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