John M. Miller, Petitioner-appellant, v. S.r. Witkowski, Warden; T. Travis Medlock, Attorney Generalof the State of South Carolina, Respondents-appellees, 51 F.3d 267 (4th Cir. 1995)

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U.S. Court of Appeals for the Fourth Circuit - 51 F.3d 267 (4th Cir. 1995) Submitted: March 15, 1995Decided: April 4, 1995

Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA-94-244-3-19AK)

John M. Miller, Appellant Pro Se.

Donald John Zelenka, Chief Deputy Attorney General, Columbia, SC, for Appellees.

Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:


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 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. Miller v. Witkowski, No. CA-94-244-3-19AK (D.S.C. Nov. 9, 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.

DISMISSED.