United States of America v. Roy Horton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7037
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ROY HORTON,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (CR-93-40, CA-01-4-1)
Submitted: January 30, 2002 Decided: June 17, 2002
Before WILKINS and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Roy Horton, Appellant Pro Se. Thomas Oliver Mucklow, Assistant
United States Attorney, Martinsburg, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Roy Horton seeks to appeal the district court’s orders denying
relief on his motion filed under 28 U.S.C.A. § 2255 (West Supp.
2001) and denying his motion for recusal. We have reviewed the
record and the district court’s opinions accepting the
recommendation of the magistrate judge and find no reversible
error. Accordingly, we deny Horton’s motion for a certificate of
appealability and dismiss the appeal on the reasoning of the
district court. United States v. Horton, Nos. CR-93-40; CA-01-4-1
(N.D.W. Va. Mar. 5, 2001; Mar. 22, 2001; May 2, 2001). We also deny
Horton’s motion to substitute the Assistant United States Attorney
assigned to this case. 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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