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976 F.2d 726

Docket No. 92-6486.

Moore v. Lanham

Fourth Circuit Court of Appeals

Submitted: August 31, 1992 Decided: September 21, 1992

Fourth Circuit Court of Appeals · decided 1992-09-21

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

Relies on Johnson v. Herbert

Opinion by Per Curiam · Decided 1992-09-21

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Maryland, at Baltimore. M. J. Garbis, District Judge. (CA-92-1062-MJG)

James Edward Moore, Appellant Pro Se.

D.Md.

Dismissed.

Before SPROUSE and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

OPINION

PER CURIAM:

¶1

James Moore seeks to appeal the district court's order dismissing without prejudice his petition filed pursuant to 28 U.S.C. § 2254 (1988), for non-exhaustion of state remedies. Our review of the record and the district court's opinion 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. Moore v. Attorney General of MD, No. CA-92-1062-MJG (D. Md. Apr. 27, 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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