Stephens v. Smith

U.S. Court of Appeals for the Fourth Circuit

Stephens v. Smith

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6037

CHARLIE MAURICE STEPHENS,

Petitioner - Appellant,

versus

WILLIAM SMITH, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA- 95-3972-PJM)

Submitted: November 20, 1997 Decided: December 9, 1997

Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charlie Maurice Stephens, Appellant Pro Se. Kathryn Grill Graeff, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under

28 U.S.C. § 2254

(1994) (current

version at

28 U.S.C.A. § 2254

(West 1994 & Supp. 1997)). We have

reviewed the record and the district courts opinion accepting the

recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of probable cause to ap-

peal and dismiss the appeal on the reasoning of the district court.

Stephens v. Smith, No. CA-95-3972-PJM (D. Md. Nov. 27, 1996). See Lindh v. Murphy,

521 U.S. ___

,

65 U.S.L.W. 4557

(U.S. June 23,

1997) (No. 96-6298). We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional process.

DISMISSED

2

Reference

Status
Unpublished