James Willie Smith, Plaintiff-appellant, v. John B. Hatfield, Jr., Defendant-appellee, 941 F.2d 1207 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 941 F.2d 1207 (4th Cir. 1991) Submitted May 2, 1991. Decided Aug. 21, 1991

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Norwood Carlton Tilley, Jr., District Judge. (CA-90-617)

James Willie Smith, Appellant Pro Se.

M.D.N.C.

AFFIRMED.

Before SPROUSE and WILKINS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

OPINION

PER CURIAM:


James Willie Smith appeals from the district court's order denying relief under 42 U.S.C. § 1983. 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 affirm on the reasoning of the district court. Smith v. Hatfield, CA-90617 (M.D.N.C. Feb. 25, 1991). 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.

AFFIRMED.

 *

To the extent that Smith seeks to attack his conviction, he must raise this matter in a 28 U.S.C. § 2254 petition once state remedies are exhausted

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