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37 F.3d 1494

Docket No. 92-7208.

Willie Bernard Melvin v. Martin J. McDade Attorney General of North Carolina

Fourth Circuit Court of Appeals

Submitted October 28, 1993. Decided October 6, 1994.

Fourth Circuit Court of Appeals · decided 1994-10-06

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Ingram v. Baltimore Sun

Decided 1994-10-06

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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. Malcolm J. Howard, District Judge. (CA-91-601-H)

Willie Bernard Melvin, appellant pro se.

Clarence Joe DelForge, III, Office of the Attorney General of North Carolina, Raleigh, NC, for appellees.

E.D.N.C.

DISMISSED.

Before WIDENER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM

¶1

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. 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. Melvin v. McDade, No. CA-91-601-H (E.D.N.C. Oct. 28, 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. The motions for appointment of counsel, for oral argument, and for bail are denied.

DISMISSED

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