Unpublished Dispositionpaul D. Browning, Petitioner-appellant, v. al C. Parke; Frederic Cowan, Attorney General, Respondents-appellees, 929 F.2d 700 (6th Cir. 1991)

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U.S. Court of Appeals for the Sixth Circuit - 929 F.2d 700 (6th Cir. 1991) April 8, 1991

W.D. Ky., 90-00035, Johnstone C.V.

W.D. Ky.

AFFIRMED.

Before BOYCE F. MARTIN, Jr. and RALPH B. GUY, Jr., Circuit Judges and JOHN W. PECK, Senior Circuit Judge.


ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the briefs and the record, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Paul Browning, a Kentucky inmate, filed a habeas corpus action under 28 U.S.C. § 2254 in which he challenged the constitutionality of 1986 convictions for wanton endangerment. The case was referred to a magistrate who recommended that the petition be dismissed. The district court adopted the recommendation, over Browning's objections, and this appeal followed. The parties have briefed the issues, Browning proceeding without counsel.

Upon consideration, we find the district court properly decided that habeas corpus relief should not issue. The convictions are supported by the quantum of evidence set forth in Jackson v. Virginia, 443 U.S. 307, 319 (1979). The remaining claims are meritless.

Accordingly, for the reasons set forth in the magistrate's report and recommendation entered on September 19, 1990, and adopted by order of October 10, 1990, the district court's judgment is affirmed. Rule 9(b) (5), Rules of the Sixth Circuit.

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