Earl M. Austin, Petitioner-appellant, v. Michael E. Bumgarner, Attorney General of the State of Northcarolina, Respondents-appellees, 914 F.2d 247 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 914 F.2d 247 (4th Cir. 1990) Submitted March 20, 1990. Decided Sept. 20, 1990

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., District Judge. (C/A No. 88-699-G)

Earl M. Austin, appellant pro se.

Richard Norwood League, Clarence Joe DelForge, III, Office of the Attorney General of North Carolina, Raleigh, N.C., for appellees.

M.D.N.C.

DISMISSED.

Before PHILLIPS, SPROUSE and WILKINS, Circuit Judges.

PER CURIAM:


Earl M. 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 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. Austin v. Bumgarner, C/A No. 88-699-G (M.D.N.C. Dec. 27, 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.

DISMISSED.