Leo Johnson, Petitioner-appellant, v. William C. Duncil, Acting Warden, Huttonsville Correctionalcenter, Respondent-appellee, 931 F.2d 54 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 931 F.2d 54 (4th Cir. 1991) Submitted April 8, 1991. Decided April 26, 1991

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Chief District Judge. (CA-90-145-E)

Leo Johnson, appellant pro se.

N.D.W. Va.

DISMISSED.

Before MURNAGHAN, SPROUSE and NIEMEYER, Circuit Judges.

PER CURIAM:


Leo Johnson 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, although we grant leave to proceed in forma pauperis, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Johnson v. Duncil, CA-90-145-E (N.D.W. Va. Dec. 4, 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