Leslie A. Fitch, Petitioner-appellant, v. Jerry C. Hedrick, Warden, West Virginia Penitentiary,respondent-appellee, 902 F.2d 28 (4th Cir. 1990)

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U.S. Court of Appeals for the Fourth Circuit - 902 F.2d 28 (4th Cir. 1990)

Submitted April 2, 1990. Decided April 18, 1990

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., District Judge. (C/A No. 88-1131)

Leslie A. Fitch, appellant pro se.

Silas Bent Taylor, Brenda Craig Ellis, Office of the Attorney General of West Virginia, Charleston, W.Va., for appellee.

S.D.W. Va.


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


Leslie A. Fitch 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. Fitch v. Hedrick, C/A No. 88-1131 (S.D.W. Va. Sept. 15, 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.