Kelvin Lynn Whitehead v. LONNIE M. SAUNDERS, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6778
KELVIN LYNN WHITEHEAD,
Petitioner - Appellant,
versus
LONNIE M. SAUNDERS, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior District
Judge. (CA-01-331)
Submitted: August 29, 2002 Decided: September 5, 2002
Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kelvin Lynn Whitehead, Appellant Pro Se. Steven Andrew Witmer,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

* The district court, in its opinion, stated that Whitehead
was convicted of abduction and assault and battery. We note that
the actual offense of conviction was aggravated malicious wounding.
2
PER CURIAM:
Kelvin Lynn Whitehead 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 and find no reversible error. * Accordingly, we
deny a certificate of appealability and dismiss the appeal on the
reasoning of the district court. See Whitehead v. Saunders, No.
CA-01-331 (W.D. Va. Apr. 15, 2002). We deny Whitehead’s motion for
appointment of counsel. 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

-- 2 of 2 --