Allen Blair Smith, Petitioner-appellant, v. State of Maryland, John C. Gluch, Warden, Milan, Michigan,respondents-appellees, 872 F.2d 419 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 872 F.2d 419 (4th Cir. 1989) Submitted Oct. 18, 1988. Decided March 29, 1989

Allen Blair Smith, appellant pro se.

John Joseph Curran, Jr., Valerie Johnston Smith, Office of the Attorney General of Maryland, for appellees.

Before ERVIN, Chief Judge, and WIDENER and PHILLIPS, Circuit Judges.


Allen Blair Smith seeks to appeal the district court's order dismissing his petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254. Our review of the record and the district court's order adopting the recommendation of the magistrate reveals that this appeal is without merit. Accordingly, we deny a certificate of probable cause and dismiss this appeal on the reasoning of the district court. Smith v. State of Maryland, C/A No. 86-3585-Y (D. Md. Mar. 10, 1988). We dispense with oral argument as the facts and legal contentions are adequately presented in the material before the Court and argument would not aid in the decisional process.