Luther Basham v. State of West Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6345
LUTHER BASHAM,
Petitioner - Appellant,
versus
STATE OF WEST VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. Charles H. Haden II, Chief
District Judge. (CA-98-189-2)
Submitted: April 12, 2001 Decided: April 23, 2001
Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Luther Basham, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF
THE ATTORNEY GENERAL OF WEST VIRGINIA, 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Unpublished opinions are not binding precedent in this circuit.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:
Luther Basham seeks to appeal the district court’s order deny-
ing his motion for reconsideration of the denial of relief on his
petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000).
We have reviewed the record and the district court’s opinion
accepting the recommendation of the magistrate judge and find no
reversible error. Accordingly, we deny a certificate of appeal-
ability and dismiss the appeal on the reasoning of the district
court. See Basham v. State of West Virginia, No. CA-98-189-2
(S.D.W. Va. Feb. 15, 2001). We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED

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