947 F2d 941 Owens v. W Murray

947 F.2d 941

Michael W. OWENS, Plaintiff-Appellant,
Edward W. MURRAY, Director of the Virginia Department of
Corrections, Defendant-Appellee.

No. 91-7165.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 30, 1991.
Decided Oct. 25, 1991.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-91-172-N)

Michael W. Owens, appellant pro se.

Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Va., for appellee.



Before K.K. HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.




Michael W. Owens seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's opinion adopting the recommendation of the magistrate judge discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Owens v. Murray, No. CA-91-172-N (E.D.Va. July 15, 1991). 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.