Herman Dale Catlett v. Howard Painter

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6521
HERMAN DALE CATLETT,
Petitioner - Appellant,
versus
HOWARD PAINTER,
Respondent - Appellee,
and
ATTORNEY GENERAL OF THE STATE OF WEST VIRGIN-
IA; WARDEN, MOUNT OLIVE; MOUNT OLIVE RECORDS
DEPARTMENT,
Parties in Interest.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge. (CA-99-111-3)
Submitted: July 12, 2001 Decided: July 20, 2001
Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.

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2
Herman Dale Catlett, Appellant Pro Se. Dawn Ellen Warfield, OFFICE
OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Vir-
ginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Herman Dale Catlett appeals the district court’s order denying
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 affirm on the reasoning
of the district court. Catlett v. Painter, No. CA-99-111-3 (N.D.W.
Va. Mar. 20, 2001); see Duncan v. Walker, 121 S.Ct. 2120 (2001).
We deny Catlett’s motion to appoint counsel and 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.
AFFIRMED

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