David Henry Johnston v. State of West Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6248
DAVID HENRY JOHNSTON,
Petitioner - Appellant,
versus
STATE OF WEST VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. David A. Faber, District
Judge. (CA-01-283-5)
Submitted: April 15, 2002 Decided: May 10, 2002
Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Henry Johnston, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
David Henry Johnston seeks to appeal 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. Johnston v. West Virginia, No.
CA-01-283-5 (S.D.W. Va. Jan. 30, 2002). 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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