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861 F.2d 266

Docket No. 88-6691.

James Lenard Small v. Michael E. Bumgarner Attorney General of the State of North Carolina

Fourth Circuit Court of Appeals

Submitted: Aug. 30, 1988. Decided: Oct. 19, 1988.

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Fourth Circuit Court of Appeals · decided 1988-10-19

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

Relies on United States v. Llewellyn Tucker Flippen

Opinion by Per Curiam · Decided 1988-10-19

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

James Lenard Small, appellant pro se.

Richard Norwood League (Office of the Attorney General of North Carolina), for appellees.

Before DONALD RUSSELL and SPROUSE, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

James Lenard Small seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Small v. Bumgarner, C/A No. 86-1045 (E.D.N.C. May 17, 1988). 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.

¶2

DISMISSED.

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