818 F2d 861 Barnes v. C Samberg

818 F.2d 861
Unpublished Disposition

Bernard BARNES, Petitioner-Appellant,
Michael C. SAMBERG, Warden; Attorney General of the State
of Virginia, Respondents-Appellees.

No. 86-7277.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 21, 1987.

Decided May 8, 1987.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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

Bernard Barnes, appellant pro se.

Thomas D. Bagwell, Assistant Attorney General, for appellees.


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A review of the record and the magistrate's opinion 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 magistrate. Barnes v. Samberg, C/A No. 86-0348 (E.D. Va., Sept. 12, 1986).