Calvin James Kelly, Petitioner-appellant, v. Commonwealth of Virginia; Charles E. Thompson,respondents-appellees, 960 F.2d 146 (4th Cir. 1992)Annotate this Case
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-91-1678-AM)
Calvin James Kelly, Appellant Pro Se.
Before ERVIN, Chief Judge, and MURNAGHAN and WILLIAMS, Circuit Judges.
Calvin James Kelly seeks to appeal the district court's order dismissing without prejudice his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988), for failing to show exhaustion of state court remedies. 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 to appeal, and dismiss the appeal on the reasoning of the district court. Kelly v. Commonwealth of Virginia, No. CA-91-1678-AM (E.D. Va. Jan. 24, 1992). 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.