Larry James Mullen, Petitioner-appellant, v. State of North Carolina; Lacy Thornburg, Attorney Generalof the State of North Carolina, Respondents-appellees, 958 F.2d 368 (4th Cir. 1992)Annotate this Case
Submitted March 2, 1992. Decided March 16, 1992
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-91-289-H)
Larry James Mullen, appellant pro se.
Clarence Joe DelForge, III, Office of the Attorney General of North Carolina, Raleigh, N.C., for appellees.
Before SPROUSE and WILKINSON, Circuit Judges, and CHAPMAN, Senior Circuit Judge.
Larry James Mullen 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. Mullen v. North Carolina, No. CA-91-289-H (E.D.N.C. Dec. 9, 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.