Federico J. Headley, Petitioner-appellant, v. James Johnson, Warden, Buckingham Correctional Center,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 16, 1990

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, District Judge. (C/A No. 89-746-AM)

Federico J. Headley, appellant pro se.

E.D. Va.


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


Federico J. Headley seeks to appeal the district court's order denying his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Headley's notice of appeal is timely only from the district court's denial of his motion for relief from judgment prusuant to Fed. R. Civ. P. 60(b). Our review of the record and the district court's orders 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. Headley v. Johnson, CA-89-746-AM (E.D. Va. Dec. 21, 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.