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972 F.2d 345

Docket No. 92-6471.

Williams v. Evatt

Fourth Circuit Court of Appeals

Submitted: July 20, 1992 Decided: August 4, 1992

Fourth Circuit Court of Appeals

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

Relies on Wilkinson III v. United States of America

Opinion by Per Curiam ·

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 District of South Carolina, at Columbia. David C. Norton, District Judge. (CA-91-2298-3-18)

Willie J. Williams, Appellant Pro Se.

Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees.

D.S.C.

Dismissed.

Before MURNAGHAN, HAMILTON, and LUTTIG, Circuit Judges.

OPINION

PER CURIAM:

¶1

Willie J. Williams seeks to appeal the district court's order denying without prejudice his habeas corpus petition pursuant to 28 U.S.C. § 2254 (1988) for failure to exhaust state remedies. 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. Williams v. Evatt, No. CA-91-2298-3-18 (D.S.C. Apr. 23, 1992). 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.

DISMISSED

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