927 F2d 596 McAllister v. Murray

927 F.2d 596
Unpublished Disposition

Neil Archer McALLISTER, Petitioner-Appellant,
v.
Edward MURRAY, Respondent-Appellee.

No. 91-7000.

United States Court of Appeals, Fourth Circuit.

Submitted Feb. 4, 1991.
Decided Feb. 27, 1991.

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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-90-1519-N)

Neil Archer McAllister, appellant pro se.

Virginia Bidwell Theisen, Office of the Attorney General of Virginia, Richmond, Va., for appellee.

E.D.Va.

DISMISSED.

Before DONALD RUSSELL, SPROUSE and NIEMEYER, Circuit Judges.

PER CURIAM:

1

Neil Archer McAllister 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 judge 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. McAllister v. Murray, CA-90-1519-N (E.D.Va. Dec. 11, 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.

2

DISMISSED.