Steven Ray Levister v. McGraw, Jr., Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIR- GINIA,…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7720
STEVEN RAY LEVISTER,
Petitioner - Appellant,
versus
HOWARD PAINTER, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, District
Judge. (CA-01-711-1)
Submitted: January 31, 2002 Decided: February 8, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven Ray Levister, Appellant Pro Se. Darrell V. McGraw, Jr.,
Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIR-
GINIA, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Steven Ray Levister appeals the district court’s order
accepting the magistrate judge’s recommendation and dismissing his
petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) as
time-barred under the Antiterrorism and Effective Death Penalty Act
(AEDPA). On appeal, Levister contends he filed his petition within
one year of the date on which the factual predicate of his claim
was discovered and that his petition is thus timely under 28
U.S.C.A. § 2244(d)(1)(D) (West Supp. 2001). We find this claim to
be without merit. Accordingly, we deny a certificate of appeal-
ability and dismiss the appeal. 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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