John William Simms, Petitioner-appellant, v. State of Maryland, Warden, Maryland Penitentiary,respondents-appellees, 838 F.2d 1210 (4th Cir. 1988)

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US Court of Appeals for the Fourth Circuit - 838 F.2d 1210 (4th Cir. 1988) Submitted: Aug. 27, 1987. Decided: Feb. 4, 1988

John William Simms, appellant pro se.

J. Joseph Curran, Jr., Attorney General, Jillyn Kaberle Schulze, for appellees.

Before DONALD RUSSELL, WIDENER, and CHAPMAN, Circuit Judges.

PER CURIAM:


A review of the record and the district court's opinion accepting the magistrate's recommendation discloses that an appeal from its order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254 would be without merit. Because the dispositive issues recently have been decided authoritatively, we deny a certificate of probable cause to appeal, dispense with oral argument, and dismiss the appeal on the reasoning of the district court. Simms v. Maryland, C/A No. 85-3591-B (D. Md. Feb. 9, 1987).

DISMISSED.

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