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900 F.2d 253

Docket No. 89-7846.

Macguire v. Rasmussen

Fourth Circuit Court of Appeals

Submitted: March 5, 1990. Decided: March 22, 1990. Rehearing and Rehearing In Banc Denied April 17, 1990.

Fourth Circuit Court of Appeals · decided 1990-03-22

Applies 28 U.S.C. § 2201 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Lacy v. Cm Spencer Gibson Sutton Jj

Opinion by Per Curiam · Decided 1990-03-22

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Western District of Virginia, at Charlottesville. James H. Michael, Jr., District Judge. (C/A No. 88-74-C)

William A. MacGuire, appellant pro se.

Richard Francis Gorman, III, Office of the Attorney General of Virginia, Richmond, Va., for appellee.

W.D.Va.

AFFIRMED.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:

¶1

William A. MacGuire appeals from the district court's order dismissing MacGuire's suit seeking a declaratory judgment under 28 U.S.C. Sec. 2201(a) and relief under 42 U.S.C. Sec. 1983.* Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. MacGuire v. Rasmussen, CA-88-74-C (E.D.Va. Oct. 12, 1989). We deny MacGuire's motion for bond and 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.

AFFIRMED

*

We note, as did the district court, that MacGuire's claims are properly considered under 28 U.S.C. Sec. 2254

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