David Junior Shiveley v. PAUL KIRBY, Commissioner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7789
DAVID JUNIOR SHIVELEY,
Petitioner - Appellant,
versus
PAUL KIRBY, Commissioner,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Charles H. Haden II, Chief
District Judge. (CA-99-392)
Submitted: March 25, 2002 Decided: April 16, 2002
Before WILLIAMS, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Junior Shiveley, 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Unpublished opinions are not binding precedent in this circuit.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:
David Junior Shiveley appeals the district court’s order
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 2001). 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 appealability and dismiss the appeal on the
reasoning of the district court. See Shiveley v. Kirby, No. CA-99-
392 (S.D.W. Va. Sept. 17, 2001). 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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