Bobby Earl Smith, Plaintiff-appellant, v. Nathan A. Rice; Attorney General of North Carolina,defendants-appellees, 801 F.2d 395 (4th Cir. 1986)

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U.S. Court of Appeals for the Fourth Circuit - 801 F.2d 395 (4th Cir. 1986) Submitted Aug. 19, 1986. Decided Sept. 16, 1986

Bobby Earl Smith, appellant pro se.

Richard Norwood League, Office of the Attorney General, for appellees.



Before HALL, ERVIN and WILKINS, Circuit Judges.


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. Smith v. Rice, C/A No. 85-65-HC (E.D.N.C., May 13, 1986).