Roy Smith, Petitioner-appellant, v. Warden Lindler, Respondent-appellee, 929 F.2d 694 (4th Cir. 1991)

Annotate this Case
U.S. Court of Appeals for the Fourth Circuit - 929 F.2d 694 (4th Cir. 1991) Submitted Nov. 13, 1990. Decided April 2, 1991

Appeal from the United States District Court for the District of South Carolina, at Columbia. Matthew J. Perry, Jr., District Judge. (CA-90-377-3)

Roy Smith, appellant pro se.

Donald John Zelenka, Chief Deputy Attorney General, Columbia, S.C., for appellee.

D.S.C.

DISMISSED.

Before WILKINSON and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:


Roy Smith 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. Smith v. Lindler, CA-90-377-3 (D.S.C. July 9, 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.