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963 F.2d 367

Docket No. 92-6080.

Kenneth S. Cobey v. James N. Rollins, Warden Attorney General of the State of Maryland

Fourth Circuit Court of Appeals

Submitted: April 10, 1992 Decided: May 26, 1992

Fourth Circuit Court of Appeals · decided 1992-05-26

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

Relies on Wainwright v. Sykes · Gibson v. Webb

Opinion by Per Curiam · Decided 1992-05-26

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Kenneth S. Cobey, Appellant Pro Se.

Richard Bruce Rosenblatt, Assistant Attorney General, Baltimore, Maryland, for Appellees.

Before NIEMEYER and WILKINS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

¶1

Kenneth S. Cobey appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988). 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 affirm on the reasoning of the district court.* Cobey v. Rollins, No. CA-90-2432-R (D. Md. Dec. 2, 1991). 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.

AFFIRMED

*

We find that Cobey's claim of a Fourth Amendment violation is barred by his procedural default in the state courts. See Wainwright v. Sykes, 433 U.S. 72 (1977)

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