Unpublished Dispositionwilliam Larry Yates, Petitioner-appellant, v. al C. Parke, Respondent-appellee, 842 F.2d 334 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 842 F.2d 334 (6th Cir. 1988) March 22, 1988

Before NATHANIEL R. JONES and RALPH B. GUY, Jr., Circuit Judges and CONTIE, Senior Circuit Judge.


ORDER

This case has been referred to a panel of this court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the the briefs and record this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Petitioner filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which he questions the constitutionality of 1985 convictions for burglary, receiving stolen property, and as a persistent felony offender. The matter was referred to a magistrate who recommended the petition be dismissed. The district court adopted this recommendation, over petitioner's objections, and this appeal followed. On appeal the parties have briefed the issues, petitioner proceeding pro se.

Upon consideration we affirm for the reasons set forth in the magistrate's report and recommendation of July 21, 1987, and adopted in the district court's order of dismissal filed August 4, 1987. Rule 9(b) (5), Rules of the Sixth Circuit.

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