Larry Cordell Serious, Petitioner-appellant, v. Commonwealth of Virginia, Respondent-appellee, 981 F.2d 1251 (4th Cir. 1992)

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U.S. Court of Appeals for the Fourth Circuit - 981 F.2d 1251 (4th Cir. 1992) Submitted: November 30, 1992Decided: December 18, 1992

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Chief District Judge.

Larry Cordell Serious, Appellant Pro Se.

E.D. Va.


Before WILKINS and NIEMEYER, Circuit Judges, and CHAPMAN, Senior Circuit Judge.


Larry Cordell Serious seeks to appeal the district court's order dismissing without prejudice his petition filed pursuant to 28 U.S.C. § 2254 (1988) for failure to exhaust 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. Serious v. Commonwealth of Va., No. CA-92-1008-AM (E.D. Va. Aug. 26, 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.