Rickey E. Johnson v. Edward W. Murray, Director of the Virginia Department of Corrections

Fourth Circuit Court of Appeals

Submitted Feb. 5, 1987. Decided March 6, 1987.

Fourth Circuit Court of Appeals · decided 1987-03-06

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

Relies on Roxalana Hills Ltd. v. Masonite Corp.

Opinion by Per Curiam · Decided 1987-03-06

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Before MURNAGHAN, CHAPMAN and WILKINS, Circuit Judges.

Rickey E. Johnson, appellant pro se.

Michael A. Likavec, Office of the Attorney General of Virginia, for appellee.

PER CURIAM:

¶1

A review of the record and the district court's opinion accepting the magistrate's recommendation discloses that an appeal from its order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 would be without merit. Because the dispositive issues recently have been decided authoritatively, we deny a certificate of probable cause to appeal, dispense with oral argument, and dismiss the appeal on the reasoning of the district court. Johnson v. Murray, C/A No. 86-529-N (E.D.Va., Nov. 20, 1986).

¶2

DISMISSED.