Donald P. Alberty, Petitioner-appellant, v. Gary T. Dixon, Warden; Attorney General of the State Ofnorth Carolina, Respondents-appellees, 896 F.2d 545 (4th Cir. 1990)

Donald P. Alberty seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's opinion accepting the recommendation of the magistrate discloses that this appeal is without merit. Accordingly, although we grant Alberty's motion to proceed in forma pauperis, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Alberty v. Dixon, C/A No. 89-103-C-S (M.D.N.C. July 21, 1989). 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.