918 F. 2d 173 - Miller v. Smith
918 F2d 173 Miller v. Smith
918 F.2d 173
Unpublished Disposition
Richard Andrew MILLER, Petitioner-Appellant,
v.
David SMITH, Warden, Attorney General of Virginia,
Respondents-Appellees.
No. 90-6586.
United States Court of Appeals, Fourth Circuit.
Submitted Oct. 29, 1990.
Decided Nov. 19, 1990.
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.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 Western District of Virginia, at Roanoke. James C. Turk, Chief District Judge. (CA-89-944-R)
Richard Andrew Miller, appellant pro se.
Robert H. Anderson, III, Office of the Attorney General of Virginia, Richmond, Va., for appellees.
W.D.Va.
DISMISSED.
Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.
PER CURIAM:
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Richard Andrew Miller seeks to appeal the district court's order refusing habeas corpus relief pursuant to 28 U.S.C. Sec. 2254. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we grant leave to proceed in forma pauperis, deny a certificate of probable cause to appeal, and dismiss the appeal on the reasoning of the district court. Miller v. Smith, CA-89-944-R (W.D.Va. May 2, 1990). 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.