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  • James Alfred Kelly v. J.E. Osborne, Attorney General of North Carolina, 841 F.2d 1123, 4th Cir. (1988)

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    This document is an unpublished court decision from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of habeas corpus relief. The appeals court found that the issues had been authoritatively decided recently and that an appeal would be without merit. It therefore denied a certificate of probable cause to appeal, dismissed the appeal, and relied on the reasoning of the district court decision.

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    Filed: 1988-02-25 Precedential Status: Non-Precedential Citations: 841 F.2d 1123 Docket: 87-7131

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    This document is an unpublished court decision from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of habeas corpus relief. The appeals court found that the issues had been authoritatively decided recently and that an appeal would be without merit. It therefore denied a certificate of probable cause to appeal, dismissed the appeal, and relied on the reasoning of the district court decision.

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    James Alfred Kelly v. J.E. Osborne, Attorney General of North Carolina, 841 F.2d 1123, 4th Cir. (1988)

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    This document is an unpublished court decision from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from a district court's denial of habeas corpus relief. The appeals court found that the issues had been authoritatively decided recently and that an appeal would be without merit. It therefore denied a certificate of probable cause to appeal, dismissed the appeal, and relied on the reasoning of the district court decision.

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    of 1

    841 F.

    2d 1123
    Unpublished Disposition

    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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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.
    James Alfred KELLY, Petitioner-Appellant,
    v.
    J.E. OSBORNE, Attorney General of North Carolina,
    Respondent-Appellee.
    No. 87-7131.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Jan. 29, 1988.
    Decided: Feb. 25, 1988.

    James Alfred Kelly, appellant pro se.


    Richard Norwood League, Office of the Attorney General of North
    Carolina, for appellee.
    Before DONALD RUSSELL, ERVIN and WILKINS, Circuit Judges.
    PER CURIAM:

    A review of the record and the district court's opinion accepting the
    magistrate's recommendation discloses that an appeal from its order refusing
    habeas corpus relief pursuant to 28 U.S.C. Sec. 2254 would be without merit.
    Because the dispositive issues recently have been decided authoritatively, we
    deny a certificate of probable cause to appeal, dispense with oral argument, and
    dismiss the appeal on the reasoning of the district court. Kelly v. Osborne, C/A
    No. 85-498-HC (E.D.N.C. Apr. 16, 1987).

    DISMISSED.

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