James E. Gaffney, Petitioner-appellant, v. S.r. Witkowski, Warden; State of South Carolina; Attorneygeneral of South Carolina, Respondents-appellees, 958 F.2d 367 (4th Cir. 1992)

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U.S. Court of Appeals for the Fourth Circuit - 958 F.2d 367 (4th Cir. 1992)

Submitted Nov. 14, 1991. Decided March 16, 1992


Appeal from the United States District Court for the District of South Carolina, at Columbia. David C. Norton, District Judge. (CA-90-2645-3)

James E. Gaffney, appellant pro se.

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

D.S.C.

DISMISSED.

Before DONALD RUSSELL, NIEMEYER and LUTTIG, Circuit Judges.

OPINION

PER CURIAM:


James E. Gaffney seeks to appeal 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 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 on the reasoning of the district court. Gaffney v. Witkowski, No. CA-90-2645-3 (D.S.C. July 1, 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.