1Starr Dalton v. State of West Virginia, No. 10-2132 (4th Cir. 2010)

Annotate this Case

Download PDF

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2132 1STARR DALTON, Petitioner, v. STATE OF WEST VIRGINIA, Respondent. On Petition for Writ of Habeas Corpus. Submitted: November 18, 2010 Before SHEDD and Circuit Judge. AGEE, Circuit Decided: Judges, and November 29, 2010 HAMILTON, Senior Petition dismissed by unpublished per curiam opinion. 1Starr Dalton, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: 1Starr Dalton filed a petition for an original writ of habeas corpus challenging his 1999 conviction for robbery. court ordinarily declines to entertain original This habeas petitions, and this case provides no reason to depart from the general rule. Moreover, we find that the interests of justice would not be served by transferring the petition to the district court. * See 28 U.S.C. § 1631 (2006); Fed. R. App. P. 22(a). Accordingly, we dismiss the petition. 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. PETITION DISMISSED * The district court has previously denied Dalton s habeas petition filed pursuant to 28 U.S.C. § 2254 (2006), see Dalton v. McBride, No. 1:07-cv-00074 (S.D.W. Va. July 9, 2007); Dalton v. Rubenstein, No. 1:08-cv-00901 (S.D.W. Va. Mar. 3, 2009). On appeal this court denied a certificate of appealability and dismissed. Dalton v. McBride, 251 F. App x 824 (4th Cir. 2007) (unpublished); Dalton v. Rubenstein, 340 F. App x 171 (4th Cir. 2009) (unpublished). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.