917 F2d 557 Hickman v. W Murray

917 F.2d 557

Elliott Estes HICKMAN, Petitioner-Appellant,
Edward W. MURRAY, Respondent-Appellee.

No. 90-6639.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 1, 1990.
Decided Nov. 1, 1990.

Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Norfolk. J. Calvitt Clarke, Jr., District Judge. (CA-90-1356-N)

Elliott Estes Hickman, appellant pro se.

Katherine Baldwin Toone, Office of the Attorney General of Virginia, Richmond, Va., for appellee.



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


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Elliott Estes Hickman seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 because of procedural default. 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.* Hickman v. Murray, CA-90-1356-N (E.D.Va. Aug. 17, 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.




We find no cause excusing petitioner's default in the state habeas process