Sirrell Anthony Callaway, Petitioner-appellant, v. Commonwealth of Virginia, Respondent-appellee, 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 Western District of Virginia, at Roanoke. Jackson L. Kiser, District Judge. (CA-92-271-R)

Sirrell Anthony Callaway, Appellant Pro Se.

W.D. Va.

DISMISSED.

Before HALL, WILKINS, and WILLIAMS, Circuit Judges.

OPINION

PER CURIAM:


Sirrell Anthony Callaway appeals from the district court's order construing his 42 U.S.C. § 1983 (1988) complaint as a petition pursuant to 28 U.S.C. § 2254 (1988) and denying relief. 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 on the reasoning of the district court. Callaway v. Commonwealth of Va., No. CA-92-271-R (W.D. Va. Mar. 25, 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.

DISMISSED