Johnny Kimbert Stephens, Petitioner-appellant, v. Fred W. Greene; Mary Sue Terry, Respondents-appellees, 952 F.2d 397 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 952 F.2d 397 (4th Cir. 1991) Submitted Dec. 5, 1991. Decided Dec. 30, 1991

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. (CA-91-302-3), James R. Spencer, District Judge; David G. Lowe, Magistrate Judge.

Johnny Kimbert Stephens, appellant pro se.

Katherine Baldwin Toone, Office of the Attorney General of Virginia, Richmond, Va., for appellees.

E.D. Va.

DISMISSED.

Before DONALD RUSSELL, MURNAGHAN and NIEMEYER, Circuit Judges.

OPINION

PER CURIAM:


Johnny Kimbert Stephens appeals from the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988). Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we deny a certificate of probable cause and dismiss the appeal on the reasoning of the district court. Stephens v. Greene, No. CA-91-302-3 (E.D. Va. Oct. 16, 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.

DISMISSED.