OpenJurist

983 F2d 1057 Shumate v. W Murray

983 F.2d 1057

Frankie Ray SHUMATE, Jr., Petitioner-Appellant,
v.
Edward W. MURRAY, Director, Virginia Department of
Corrections, Respondent-Appellee.

No. 92-6655.

United States Court of Appeals,
Fourth Circuit.

Submitted: September 4, 1992
Decided: January 20, 1993

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. Robert G. Doumar, District Judge. (CA-91-671-N)

Frankie Ray Shumate, Jr., Appellant Pro Se.

Robert H. Anderson, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

E.D.Va.

DISMISSED.

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

PER CURIAM:

OPINION

1

Frankie Shumate seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988). Our review of the record and the district court's opinion accepting 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.* Shumate v. Murray, No. CA-91-671-N (E.D. Va. May 22, 1992). 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

*

Shumate's motion for a transcript to be provided at government expense is denied