917 F2d 558 Shrum v. State of North Carolina

917 F.2d 558
Unpublished Disposition

William Edgar SHRUM, Petitioner-Appellant,
STATE OF NORTH CAROLINA, Lacy Thornburg, Attorney General of
the State of North Carolina, Respondents-Appellees.

No. 90-6103.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 1, 1990.
Decided Nov. 1, 1990.
Rehearing and Rehearing In Banc Denied Dec. 11, 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NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-89-580-HC)

William Edgar Shrum, appellant pro se.

Clarence Joe DelForge, III, Office of the Attorney General of North Carolina, Raleigh, N.C., for appellees.

E.D. N.C.


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


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William Edgar Shrum 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. Shrum v. North Carolina, CA-89-580-HC (E.D.N.C. July 3, 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.