James Edward Smith, Petitioner-appellant, v. Thomas R. Israel, Warden; Attorney General of the State Ofvirginia, Respondents-appellees, 867 F.2d 609 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 867 F.2d 609 (4th Cir. 1989)

Submitted: Sept. 30, 1988. Decided: Jan. 17, 1989. Rehearing Denied Feb. 6, 1989

James Edward Smith, appellant pro se.

Thomas Drummond Bagwell (Office of the Attorney General of Virginia), for appellees.

Before SPROUSE, ERVIN and CHAPMAN, Circuit Judges.


James Edward Smith appeals from the magistrate's order denying his petition filed pursuant to 28 U.S.C. § 2254. The parties agreed to have a magistrate adjudicate the action. 28 U.S.C. § 636(c). Our review of the record and the magistrate's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause and dismiss the appeal on the reasoning of the magistrate. Smith v. Israel, C/A No. 88-113-R (E.D. Va. June 7, 1988). We dispense with oral argument because the dispositive issues recently have been decided.