Leo Johnson, Petitioner-appellant, v. Jerry Hedrick, Warden, West Virginia Penitentiary,respondent-appellee, 870 F.2d 655 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 870 F.2d 655 (4th Cir. 1989)

Submitted Jan. 6, 1989. Decided Feb. 27, 1989

Leo Johnson, appellant pro se.

Mary R. Maloy, Office of the Attorney General of West Virginia, for appellee.

Before K.K. HALL, PHILLIPS, and SPROUSE, Circuit Judges.


Leo Johnson 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. Johnson v. Hedrick, C/A No. 87-68-E (N.D.W. Va., June 6, 1988). We dispense with oral argument because the dispositive issues recently have been decided authoritatively.