Charles H. McDaniel v. S. R. Witkowski, Warden Attorney General of the State of South Carolina

23 F.3d 402, 1994 U.S. App. LEXIS 18526, 1994 WL 173536

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 9, 1994
• Docket: 93-7154
• Status: Published

Opinion

23 F.3d 402
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Charles H. McDANIEL, Petitioner-Appellant,
v.
S. R. WITKOWSKI, Warden; Attorney General of the State of
South Carolina, Respondents-Appellees.

No. 93-7154.

United States Court of Appeals, Fourth Circuit.

Submitted: April 21, 1994.
Decided: May 9, 1994.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry M. Herlong, Jr., District Judge. (CA-92-451)

Charles H. McDaniel, Appellant Pro Se.

Donald Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees.

D.S.C.

DISMISSED.

Before ERVIN, Chief Judge, MICHAEL, Circuit Judge, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

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 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. McDaniel v. Witkowski, No. CA-92-451 (D.S.C. Sept. 28, 1993). 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