Moses v. Leeke

Fourth Circuit Court of Appeals

Submitted Oct. 5, 1987. Decided Oct. 29, 1987.

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Fourth Circuit Court of Appeals · decided 1987-10-29

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

Relies on Franklin J. Loftis v. William D. Leeke, Commissioner, South Carolina Department of Corrections, Attorney General of the State of South Carolina

Opinion by Per Curiam · Decided 1987-10-29

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

George N. Moses and Orlandor Smith, appellants pro se.

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

Before DONALD RUSSELL, K.K. HALL, and MURNAGHAN, Circuit Judges.

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. Moses v. Leeke, C/A Nos. 85-1304, 85-1271 (D.S.C. Feb. 5, 1987).

¶2

DISMISSED.