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4 F.3d 988

Docket No. 92-6582.

Wayne Allen Wilson, Sr. v. Carl E. Legursky, Warden, West Virginia Penitentiary

Fourth Circuit Court of Appeals

Submitted: July 26, 1993. Decided: August 26, 1993.

Fourth Circuit Court of Appeals · decided 1993-08-26

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

Relies on In Re Rodney H. Williams

Opinion by Per Curiam · Decided 1993-08-26

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Southern District of West Virginia, at Beckley. Elizabeth V. Hallanan, District Judge. (CA-90-83-5)

Wayne Allen Wilson, Sr., Appellant Pro Se.

Joanna Irene Tabit, Steptoe & Johnson, Charleston, West Virginia, for Appellee.

S.D.W.Va.

DISMISSED.

Before PHILLIPS and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

OPINION

¶1

Wayne Allen Wilson, Sr., seeks to appeal from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 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 on the reasoning of the district court. Wilson v. Legursky, No. CA-90-83-5 (S.D.W. 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

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