Wayne Edward Butler, Petitioner-appellant, v. Joseph H. Lofton, Superintendent; Attorney General of Northcarolina, Respondents-appellees, 963 F.2d 367 (4th Cir. 1992)

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US Court of Appeals for the Fourth Circuit - 963 F.2d 367 (4th Cir. 1992)

Submitted: May 4, 1992Decided: May 22, 1992

Appeal from the United States District Court for the Middle District of North Carolina, at Rockingham. Richard C. Erwin, Chief District Judge. (CA-91-12-3)

Wayne Edward Butler, Appellant Pro Se.

Richard Norwood League, Office of the Attorney General of North Carolina, Raleigh, North Carolina, for Appellees.



Before HALL, WILKINS, and WILLIAMS, Circuit Judges.



Wayne Edward Butler seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C.s 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. Butler v. Lofton, No. CA-91-12-3 (M.D.N.C. Jan. 14, 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.



We grant Butler leave to proceed in forma pauperis in this Court