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873 F.2d 1439

Docket No. 88-6578.

Levitt v. Hedrick

Fourth Circuit Court of Appeals

Submitted Jan. 6, 1989. Decided April 21, 1989.

Fourth Circuit Court of Appeals · decided 1989-04-21

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

Relies on Malcolm v. Jones B

Opinion by Per Curiam · Decided 1989-04-21

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Lance Levitt, appellant pro se.

Dana Doyle Davis, Office of the Attorney General of West Virginia, for appellee.

Before WIDENER, PHILLIPS, and WILKINSON, Circuit Judges.

PER CURIAM:

¶1

Lance Levitt 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 accepting the recommendation of the magistrate 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. Levitt v. Hedrick, C/A 86-50-E (N.D.W.Va. Feb. 25, 1988). We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

¶2

DISMISSED.

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