Heddinger v. Smith

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7249 JOSEPH R. HEDDINGER, Petitioner - Appellant, versus SEWALL SMITH, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-98- 1079-L) Submitted: December 15, 1998 Decided: December 29, 1998 Before WIDENER, HAMILTON, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Joseph R. Heddinger, Appellant Pro Se. Regina Hollins Lewis, As- sistant Attorney General, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Joseph R. Heddinger seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal for the rea- son that Heddinger received constitutionally effective assistance of counsel. See Hill v. Lockhart, 474 U.S. 52, 59 (1985); Strick- land v. Washington, 466 U.S. 668, 687-94 (1984). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2