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United States Court of Appeals, Fourth Circuit

The Fourth Circuit Court of Appeals denied Drayton Smith's request for a certificate of probable cause to appeal the district court's denial of his 28 U.S.C. Sec. 2254 petition. After reviewing the record and district court's opinion, the Fourth Circuit found Smith's appeal to be without merit. The Fourth Circuit dismissed the appeal, agreeing with the district court's reasoning for denying Smith's petition. The Fourth Circuit also determined that oral arguments would not aid in the decision and were not necessary given the materials presented.

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United States Court of Appeals, Fourth Circuit

The Fourth Circuit Court of Appeals denied Drayton Smith's request for a certificate of probable cause to appeal the district court's denial of his 28 U.S.C. Sec. 2254 petition. After reviewing the record and district court's opinion, the Fourth Circuit found Smith's appeal to be without merit. The Fourth Circuit dismissed the appeal, agreeing with the district court's reasoning for denying Smith's petition. The Fourth Circuit also determined that oral arguments would not aid in the decision and were not necessary given the materials presented.

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32 F.

3d 563

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Drayton M. SMITH, Petitioner-Appellant,
v.
Parker EVATT, Commissioner, South Carolina Department of
Corrections; T. Travis Medlock, Attorney General
of South Carolina, Respondents-Appellees.
No. 94-6302.

United States Court of Appeals, Fourth Circuit.


Submitted July 19, 1994
Decided Aug. 8, 1994.

Before HALL, LUTTIG and WILLIAMS, Circuit Judges.


Drayton M. Smith, Appellant Pro Se.
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. Smith v. Evatt, No. CA-94-396-3-6BD (D.S.C.
Feb. 28, 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.
DISMISSED

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