Appeal from the United States District Court for the District of Maryland, at Baltimore. John R. Hargrove, District Judge. (C/A No. 88-828-HAR).

Douglas Keith Frye, appellant pro se.

John Joseph Curran, Jr., Attorney General, Beverly Peyton Griffith, Office of the Attorney General of Maryland, Baltimore, Md., for appellee.

D.Md.

DISMISSED.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINS, Circuit Judges.

PER CURIAM:

Douglas Keith Frye 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 accepting the recommendation of the magistrate 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. Frye v. Rollins, C/A No. 88-828-HAR (D.Md. Jan. 31, 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