898 F2d 144 Barnes v. P Galley Rci

898 F.2d 144
Unpublished Disposition

Lee T. BARNES, Petitioner-Appellant,
John P. GALLEY, Warden of RCI; Attorney General of the
State of Maryland, Respondents-Appellees.

No. 89-6561.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 29, 1989.
Decided: March 5, 1990.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Paul V. Niemeyer, District Judge. (C/A No. 87-2732-PN)

Lee T. Barnes, appellant pro se.

John Joseph Curran, Jr., Attorney General; Norman L. Smith, Assistant Attorney General, for appellees.



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


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Lee T. Barnes 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. Barnes v. Galley, C/A 87-2732-PN (D.Md. Jan. 12, 1989). 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.