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APPLEBY v. WARDEN, NORTHERN REGIONAL JAIL

No. 07-7613.

595 F.3d 532 (2010)

David APPLEBY, Petitioner-Appellant, v. WARDEN, NORTHERN REGIONAL JAIL AND CORRECTIONAL FACILITY, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 19, 2010.

Attorney(s) appearing for the Case

ARGUED: Martin Patrick Sheehan, Sheehan & Nugent, PLLC, Wheeling, West Virginia, for Appellant. Robert David Goldberg, Office of the Attorney General of West Virginia, Charleston, West Virginia, for Appellee. ON BRIEF: Darrell V. McGraw, Jr., Attorney General, Charleston, West Virginia, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the majority opinion, in which Judge NIEMEYER joined. Chief Judge TRAXLER wrote a dissenting opinion.

OPINION

AGEE, Circuit Judge:

David Appleby ("Appleby") appeals the judgment of the United States District Court for the Northern District of West Virginia, which dismissed his petition for a Writ of Habeas Corpus (hereinafter "habeas petition") pursuant to 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 2253(c), this Court granted a certificate of appealability on one issue. For the following reasons, we affirm the judgment of the district court.

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