McGlone v. Smith

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-6837
LEMUEL L. MCGLONE, JR.,
Petitioner - Appellant,
versus
WILLIAM L. SMITH; ATTORNEY GENERAL OF THE
STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Chief District Judge;
John R. Hargrove, Senior District Judge. (CA-95-3450-JFM)
Submitted: October 31, 1997 Decided: December 18, 19997
Before HALL and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lemuel L. McGlone, Jr., Appellant Pro Se. John Joseph Curran, Jr.,
Attorney General, Gwynn X. Kinsey, Jr., Assistant Attorney General,
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Unpublished opinions are not binding precedent in this circuit.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 court's opinion accepting the
recommendation of the magistrate judge and find no reversible
error. Accordingly, we deny a certificate of probable cause to
appeal, see Lindh v. Murphy, 117 S. Ct. 2059 (1997), and dismiss
the appeal on the reasoning of the district court, see McGlone v.
Smith, No. CA-95-3450-JFM (D. Md. Feb. 3, 1997). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
2