James W. Porter, Jr., Petitioner Appellant, v. Edward Murray; Attorney General of the Commonwealth Ofvirginia, Respondents Appellees, 39 F.3d 1178 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 39 F.3d 1178 (4th Cir. 1994) Submitted October 18, 1994. Decided October 27, 1994

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge. (CA-93-155-R)

James W. Porter, Jr., appellant pro se.

Robert Quentin Harris, Asst. Atty. Gen., Richmond, VA, for appellees.

W.D. Va.


Before HAMILTON, MICHAEL, and MOTZ, Circuit Judges.


Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. 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. Porter v. Murray, No. CA-93-155-R (W.D. Va. Nov. 17, 1994). 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.