J.d. Smith, Petitioner-appellant, v. Glenn Davis, Warden, Attorney General of the State of Southcarolina, Respondents-appellees, 836 F.2d 547 (4th Cir. 1987)

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US Court of Appeals for the Fourth Circuit - 836 F.2d 547 (4th Cir. 1987) Submitted Oct. 28, 1987Decided Dec. 17, 1987

J.D. Smith, apellant pro se.

Sally W. Elliott, Assistant Attorney General, for appellees.

D. Md.


Appeal from the United States District Court for the District of Maryland, at Baltimore. Charles E. Simons, Jr., Chief District Judge. (C/A No. 86-1501-6H).

Before WIDENER, MURNAGHAN, and ERVIN, 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. Davis, C/A No. 86-1501-6H (D. Md. April 28, 1987).