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BARBE v. McBRIDE

No. 06-7550.

521 F.3d 443 (2008)

Donald R. BARBE, Petitioner-Appellant, v. Thomas McBRIDE, Warden; Mount Olive Correctional Complex, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 2008.

Attorney(s) appearing for the Case

ARGUED: William Jacob Watkins, Jr., Womble, Carlyle, Sandridge & Rice, Greenville, South Carolina, for Appellant. Robert David Goldberg, Assistant Attorney General, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellees. ON BRIEF: Darrell V. McGraw, Jr., Attorney General, Charleston, West Virginia, for Appellees.

Before KING and SHEDD, Circuit Judges, and HENRY F. FLOYD, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge KING wrote the opinion, in which Judge SHEDD and Judge FLOYD joined.

OPINION

KING, Circuit Judge:

Donald R. Barbe, after unsuccessfully seeking habeas corpus relief under 28 U.S.C. § 2254 in the Northern District of West Virginia, appeals from the district court's September 2005 dismissal of his petition. Barbe was convicted in 1999 in the Circuit Court of Ohio County...

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