Neil Archer Mcallister, Petitioner Appellant, v. Edward W. Murray, Director of the Virginia Department Ofcorrections, Respondent Appellee, 19 F.3d 1429 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 19 F.3d 1429 (4th Cir. 1994) Submitted: January 20, 1994Decided: February 25, 1994

Appeal from the united States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-93-178-2)

Neil Archer McAllister, Appellant Pro Se.

Linwood Theodore Wells, Jr., Asst. Atty. Gen., Richmond, Virginia, for Appellee.

E.D. Va.

DISMISSED.

Before WIDENER, WILKINS, and HAMILTON, Circuit Judges.


PER CURIAM

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. 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 deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. McAllister v. Murray, No. CA-93-178-2 (E.D. Va. Sept. 22, 1993). 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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