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68 F.3d 460

Docket No. 95-6655

Higgins v. Evatt

Fourth Circuit Court of Appeals

Submitted: Oct. 12, 1995. Decided: Oct. 23, 1995.

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Fourth Circuit Court of Appeals · decided 1995-10-23

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

Relies on John McGhee v. Franklin E. Freeman, Secretary, North Carolina Department of Correction

Opinion by Per Curiam · Decided 1995-10-23

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Alex G. Higgins, appellant pro se.

Donald John Zelenka, Chief Deputy Attorney General, Columbia, SC, for appellees.

Before WILKINSON, NIEMEYER, and LUTTIG, Circuit Judges.

PER CURIAM:

¶1

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Higgins v. Evatt, No. CA-94-1178-6-18-AK (D.S.C. Apr. 6, 1995). 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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