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50 F.3d 5

Docket No. 94-6491.

Brown v. Barnett

Fourth Circuit Court of Appeals

Submitted Jan. 10, 1995. Decided Feb. 22, 1995.

Fourth Circuit Court of Appeals · decided 1995-02-22

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

Relies on Babin v. Yale Materials Handling Corp.

Opinion by Per Curiam · Decided 1995-02-22

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Kenneth Stanley Broun, University of North Carolina School of Law, Chapel Hill, NC, for appellant. Richard Norwood League, Office of the Attorney General of North Carolina, Raleigh, NC, for appellee.

Before HAMILTON and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

Appellant appeals 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, although we grant a certificate of probable cause to appeal, we affirm on the reasoning of the district court. Brown v. Barnett, No. CA-92-679-2 (M.D.N.C. Apr. 8, 1994). 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.

AFFIRMED

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