OpenJurist

917 F2d 1301 Barr v. Barnett

917 F.2d 1301
Unpublished Disposition

Thomas BARR, Petitioner-Appellant,
v.
Talmadge BARNETT, Attorney General of North Carolina,
Respondents-Appellees.

No. 89-7814.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 29, 1990.
Decided Nov. 13, 1990.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-88-915-HC)

Thomas Barr, appellant pro se.

Richard Norwood League, Office of the Attorney General of North Carolina, Raleigh, N.C., for appellees.

E.D.N.C.

DISMISSED.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:

1

Thomas Barr seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal.* 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.

2

DISMISSED.

*

This appeal was placed in abeyance pending the outcome of Felton v. Barnett, 912 F.2d 92 (4th Cir.1990). Based on Felton, we now remove this case from abeyance and dismiss Barr's appeal