Stephens v. Smith ( 1997 )

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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