U.S. Court of Appeals for the Fourth Circuit, 1995

Donald W. McKinney v. Wise County Circuit Court

Donald W. McKinney v. Wise County Circuit Court
U.S. Court of Appeals for the Fourth Circuit · Decided February 16, 1995
48 F.3d 1216; 1995 U.S. App. LEXIS 11026; 1995 WL 106102 (Federal Reporter, Third Series)

Donald W. McKinney v. Wise County Circuit Court

Opinion

48 F.3d 1216
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Donald W. McKINNEY, Petitioner--Appellant,
v.
WISE COUNTY CIRCUIT COURT, Respondent--Appellee.

No. 94-7191.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 19, 1995.
Decided Feb. 16, 1995.

Donald W. McKinney, appellant pro se.

Before WILKINS and MICHAEL, Circuit Judges, and SPROUSE, Senior Circuit Judge.

PER CURIAM:

1

Appellant seeks to appeal the district court's order dismissing without prejudice his 28 U.S.C. Sec. 2254 (1988) petitions. 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. McKinney v. Wise County Circuit Court, Nos. CA-94-721; CA-94-722 (W.D.Va. Sept. 14, 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

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