918 F2d 956 Smith v. Barnett

918 F.2d 956
Unpublished Disposition

James Willie SMITH, Petitioner-Appellant,
Talmadge BARNETT, Attorney General of the State of North
Carolina, Respondents-Appellees.

No. 90-6578.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 29, 1990.
Decided Nov. 21, 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NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., District Judge. (CA-89-544-C-G)

James Willie Smith, appellant pro se.

Richard Norwood League, Office of the Attorney General of North Carolina, Raleigh, N.C., for appellees.



Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.


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James Willie Smith appeals from 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. Smith v. Barnett, CA-89-544-C-G (M.D.N.C. May 3, 1990). We deny the motions for appointment of counsel and for leave to proceed in forma pauperis. 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.