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

James Alfred Kelly v. J.E. Osborne, Attorney General of North Carolina

U.S. Court of Appeals for the Fourth Circuit · Decided February 25, 1988

841 F.2d 1123; 1988 U.S. App. LEXIS 2243; 1988 WL 16955 (Federal Reporter, Second Series)

Opinion

841 F.2d 1123
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
James Alfred KELLY, Petitioner-Appellant,
v.
J.E. OSBORNE, Attorney General of North Carolina, Respondent-Appellee.

No. 87-7131.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 29, 1988.
Decided: Feb. 25, 1988.

James Alfred Kelly, appellant pro se.

Richard Norwood League, Office of the Attorney General of North Carolina, for appellee.

Before DONALD RUSSELL, ERVIN and WILKINS, Circuit Judges.

PER CURIAM:

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. Kelly v. Osborne, C/A No. 85-498-HC (E.D.N.C. Apr. 16, 1987).

DISMISSED.

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