50 F3d 6 Groves v. Johnson

50 F.3d 6

Joseph Lafayette GROVES, Petitioner--Appellant,
v.
Phoebe JOHNSON, Warden, Cross Anchor Correctional
Institution; Attorney General of the State of
South Carolina, Respondents--Appellees.

No. 94-6903.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 31, 1995
Decided: March 17, 1995

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., District Judge. (CA-93-2138-3-17AK)

Joseph Lafayette Groves, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, SC, for Appellees.

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

PER CURIAM:

1

Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. Sec. 2254 (1988) petition. Our review of the record and the district court's opinion accepting the recommendation of the magistrate judge 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. Groves v. Johnson, No. CA-93-2138-3-17AK (D.S.C. July 5, 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.