James M. Oxier, Petitioner-appellant, v. Jerry Hedrick, Warden, West Virginia Penitentiary,respondent-appellee, 917 F.2d 22 (4th Cir. 1990)

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US Court of Appeals for the Fourth Circuit - 917 F.2d 22 (4th Cir. 1990) Submitted Oct. 1, 1990. Decided Oct. 30, 1990

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Chief District Judge. (CA-88-67-E)

James M. Oxier, appellant pro se.

Clarion Terry Owen, Office of the Attorney General of West Virginia, Charleston, W.V., for appellee.

N.D.W. Va.


Before DONALD RUSSELL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.


James M. Oxier 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. Oxier v. Hedrick, CA-88-67-E (N.D.W. Va. Mar. 29, 1990). 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.