Edward A. Ganey, Jr., Petitioner-appellant, v. R.e. Lee, Attorney General of North Carolina, Respondents-appellees, 928 F.2d 399 (4th Cir. 1991)

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U.S. Court of Appeals for the Fourth Circuit - 928 F.2d 399 (4th Cir. 1991) Submitted Jan. 3, 1991. Decided March 19, 1991

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-90-147-HC)

Edward A. Ganey, Jr., appellant pro se.

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



Before K.K. HALL, MURNAGHAN and NIEMEYER, Circuit Judges.


Edward A. Ganey, Jr., 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 judge 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. Ganey v. Lee, CA-90-147-HC (E.D.N.C. Aug. 28, 1990).1  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.



Because Ganey, in response to respondents' summary judgment motion, offered an explanation for why he failed to present these claims in earlier petitions, the district court's failure to give the notice required by Johnson v. Coppinger, 420 F.2d 395, 399 (4th Cir. 1969), constitutes harmless error