Taylor v. Beshears

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7696 RICHARD CURTIS TAYLOR, Petitioner - Appellant, versus EARL D. BESHEARS, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-95- 858-MJG) Submitted: August 28, 1997 Decided: September 10, 1997 Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Charles Bonsib, Bruce L. Marcus, Greenbelt, Maryland, for Appellant. Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C. § 2254 (1994) (current version at 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997)). We have reviewed the record and the district court's opinion and find no reversible error. We note that the district court used the proper standard for determining whether an evidentiary hearing was re- quired by using the standard in place before the Antiterrorism and Effective Death Penalty Act became effective. See Lindh v. Murphy, 521 U.S. ___, 1997 WL 338568 (U.S. June 23, 1997) (No. 96-6298). Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Taylor v. Beshears, No. CA-95-858-MJG (D. Md. Oct. 17, 1996). See Lindh, 521 U.S. ___, WL 338568. We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2