Laverne Ray Irwin, Petitioner-appellant, v. Nathan Rice, Attorney General of North Carolina, Respondent-appellee,appeal from the United States District Court for the Easterndistrict of North Carolina, at Raleigh. John D.larkins, Jr., Senior District Judge.(c/a No. 85-1628-hc), 809 F.2d 785 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 809 F.2d 785 (4th Cir. 1987) Submitted Nov. 21, 1986. Decided Jan. 5, 1987

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

Herbert B. Hulse, for appellant.

Richard Norwood League, Office of the Attorney General of North Carolina, for appellee.


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. Irwin v. Rice, CA-85-1628-HC (E.D.N.C. July 24, 1986).