James D. Rowe, Petitioner-appellant, v. Edward W. Murray, Respondent-appellee, 934 F.2d 320 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 934 F.2d 320 (4th Cir. 1991) Submitted May 1, 1991. Decided June 3, 1991

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., District Judge. (CA-90-1876-N)

James D. Rowe, appellant pro se.

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

E.D. Va.


Before DONALD RUSSELL, K.K. HALL and CHAPMAN, Circuit Judges.


James D. Rowe 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, deny appellant's motion for release, and dismiss the appeal on the reasoning of the district court. Rowe v. Murray, CA-90-1876-N (E.D. Va. Feb. 19, 1991). 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.