Richard Andrew Miller, Petitioner-appellant, v. David Smith, Warden, Attorney General of Virginia,respondents-appellees, 918 F.2d 173 (4th Cir. 1990)

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U.S. Court of Appeals for the Fourth Circuit - 918 F.2d 173 (4th Cir. 1990) Submitted Oct. 29, 1990. Decided Nov. 19, 1990

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Chief District Judge. (CA-89-944-R)

Richard Andrew Miller, appellant pro se.

Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Va., for appellees.

W.D. Va.

DISMISSED.

Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.

PER CURIAM:


Richard Andrew Miller 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 grant leave to proceed in forma pauperis, deny a certificate of probable cause to appeal, and dismiss the appeal on the reasoning of the district court. Miller v. Smith, CA-89-944-R (W.D. Va. May 2, 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.

DISMISSED.