John Rodgers Burnley, Plaintiff-appellant, v. Allyn R. Sielaff; Gerald Baliles, Attorney General; Johnpaul Causey, Defendants-appellees, 804 F.2d 1250 (4th Cir. 1986)

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US Court of Appeals for the Fourth Circuit - 804 F.2d 1250 (4th Cir. 1986) Submitted Aug. 29, 1986. Decided Nov. 12, 1986

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, United States Magistrate. (C/A No. 85-659-R)

John Rodgers Burnley, appellant pro se.

Richard B. Smith, Office of the Attorney General, for appellees.

E.D. Va.


Before PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


A review of the record and the magistrate's opinion discloses that an appeal from its order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254 would be without merit. The parties consented to the jurisdiction of a magistrate pursuant to 28 U.S.C. § 636(c) (1). 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 magistrate. Burnley v. Sielaff, C/A No. 85-659-R (E.D. Va., July 14, 1986).