U.S. Court of Appeals for the Fourth Circuit, 1990

Alvin Royce Westberry v. R.M. Muncy Mary Sue Terry, Attorney General of Virginia

Alvin Royce Westberry v. R.M. Muncy Mary Sue Terry, Attorney General of Virginia
U.S. Court of Appeals for the Fourth Circuit · Decided June 21, 1990
908 F.2d 968; 1990 U.S. App. LEXIS 10036; 1990 WL 101618 (Federal Reporter, Second Series)

Alvin Royce Westberry v. R.M. Muncy Mary Sue Terry, Attorney General of Virginia

Opinion

908 F.2d 968
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Alvin Royce WESTBERRY, Petitioner-Appellant,
v.
R.M. MUNCY; Mary Sue Terry, Attorney General of Virginia,
Respondents-Appellees.

No. 89-7181.

United States Court of Appeals, Fourth Circuit.

Submitted: March 20, 1990.
Decided: June 21, 1990.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, United States Magistrate. (C/A No. 88-408-R).

Alvin Royce Westberry, appellant pro se.

Robert B. Condon, Assistant Attorney General, Richmond, Va., for appellee.

E.D.Va.

DISMISSED.

Before K.K. HALL and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

1

Alvin Royce Westberry seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. 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. Westberry v. Muncy, C/A No. 88-408-R (E.D.Va. July 19, 1989). 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

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