John Henry Smith, Petitioner-appellant, v. Warden, Maryland Penitentiary, Respondent-appellee, 869 F.2d 594 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 869 F.2d 594 (4th Cir. 1989)

Submitted: Jan. 20, 1989. Decided: Feb. 16, 1989. Rehearing and Rehearing In Banc Denied March 20, 1989


John Henry Smith, appellant pro se.

Valerie Valenti Cloutier (Office of the Attorney General), for appellee.

Before DONALD RUSSELL, CHAPMAN and WILKINSON, Circuit Judges.

PER CURIAM:


John Henry Smith seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's opinion accepting the recommendation of the magistrate discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Smith v. Warden, C/A No. 84-4561-HM (D. Md. Sept. 6, 1988). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.

DISMISSED.