Bobby Ray Roberts v. Rufus Fleming, Attorney General of Virginia

Fourth Circuit Court of Appeals

Submitted July 22, 1987. Decided September 8, 1987.

Fourth Circuit Court of Appeals · decided 1987-09-08

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

Relies on Fred Mabery v. Officer Cummings, Superintendent Osborne, J. Patseavouras, J. C. Harris, Superintendent Barker

Opinion by Per Curiam · Decided 1987-09-08

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Bobby Ray Roberts, appellant pro se.

Richard Bain Smith, Assistant Attorney General, for appellees.

Before WIDENER, JAMES DICKSON PHILLIPS and ERVIN, Circuit Judges.

PER CURIAM:

¶1

A review of the record and the district court'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 district court. Roberts v. Fleming, C/A No. 85-129-B (W.D. Va., Oct. 10, 1986).

¶2

DISMISSED.