Seymour v. Smith

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7692 CLARENCE STANLEY SEYMOUR, Maryland House of Corrections, Petitioner - Appellant, versus WILLIAM SMITH, Warden, Maryland House of Cor- rections; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA- 94-1970-CCB) Submitted: February 29, 1996 Decided: March 13, 1996 Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Terrell Non Roberts, III, ROBERTS & WOOD, Riverdale, Maryland, for Appellant. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, 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 Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion accepting the recom- mendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Seymour v. Smith, No. CA-94-1970-CCB (D. Md. Sept. 11, 1995). We deny Peti- tioner's motion for appointment of counsel at government expense and dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2