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914 F.2d 1490

Docket No. 90-7326.

Samuel Johnson Bell v. David A. Garraghty Attorney General of the Commonwealth of Virginia

Fourth Circuit Court of Appeals

Submitted Aug. 27, 1990. Decided Sept. 25, 1990.

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Fourth Circuit Court of Appeals · decided 1990-09-25

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

Relies on Claypool v. Boyd

Opinion by Per Curiam · Decided 1990-09-25

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (C/A No. 89-436-R).

Samuel Johnson Bell, appellant pro se.

Thomas Drummond Bagwell, Assistant Attorney General, Richmond, Va., for appellees.

E.D.Va.

DISMISSED.

Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

¶1

Samuel Johnson Bell seeks to appeal from the district court's judgment denying relief under 28 U.S.C. Sec. 2254 and order denying his "Motion for New Trial and Amendment of Judgment," which the court construed as a motion under Fed.R.Civ.P. 59(e). 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 and dismiss the appeal on the reasoning of the district court. Bell v. Garraghty, CA-89-436-R (E.D.Va. May 7, 1990). 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.

DISMISSED

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