Harold B. Austin, Petitioner-appellant, v. D.a. Garraghty, Attorney General of the State of Virginia,respondents-appellees, 878 F.2d 378 (4th Cir. 1989)

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U.S. Court of Appeals for the Fourth Circuit - 878 F.2d 378 (4th Cir. 1989)

Submitted April 18, 1989. Decided June 23, 1989

Harold B. Austin, appellant pro se.

Katherine Baldwin Toone, Office of the Attorney General, for appellees.

Before SPROUSE and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.


Harold B. Austin 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 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. Austin v. Garraghty, C/A No. 87-363 (W.D. Va. Feb. 2, 1989). 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.