U.S. Court of Appeals for the Fourth Circuit, 1988

Henderson v. McKellar

Henderson v. McKellar
U.S. Court of Appeals for the Fourth Circuit · Decided January 22, 1988
838 F.2d 466; 1988 U.S. App. LEXIS 551; 1988 WL 4589 (Federal Reporter, Second Series)

Henderson v. McKellar

Opinion

838 F.2d 466
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Joseph HENDERSON, Petitioner-Appellant,
v.
Kenneth D. McKELLAR, Warden, KCI; William D. Leeke,
Commissioner, SCDC T. Travis Medlock, Attorney
General for the State of South Carolina,
Respondents- Appellees.

No. 87-6650.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 7, 1987.
Decided: Jan. 22, 1988.

Joseph Henderson, pro se.

Donald John Zelenka, Chief Deputy Attorney General, for appellees.

Before K.K. HALL and JAMES DICKSON PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

A review of the record and the district court's opinion accepting the magistrate's recommendation discloses that an appeal from its order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 would be without merit. Because the dispositive issues recently have been decided authoritatively, we deny a certificate of probable cause to appeal, dispense with oral argument, and dismiss the appeal on the reasoning of the district court. Henderson v. McKellar, C/A No. 3:86-2390 (D.S.C. Sept. 21, 1987).

2

DISMISSED.

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