United States of America v. Burton Braxton Hagwood

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7520
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BURTON BRAXTON HAGWOOD,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Martinsburg. W. Craig Broadwater,
District Judge. (CR-00-13, CA-01-68-3)
Submitted: March 21, 2003 Decided: April 4, 2003
Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Burton Braxton Hagwood, Appellant Pro Se. Samuel Gerald Nazzaro,
Jr., Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Burton Braxton Hagwood, a federal prisoner, seeks to appeal
the district court’s order accepting the recommendation of the
magistrate judge and denying relief on his motion filed under 28
U.S.C. § 2255 (2000). We have independently reviewed the record and
conclude Hagwood has not made a substantial showing of the denial
of a constitutional right. See Miller-El v. Cockrell, U.S.
, 2003 WL 431659, at *10 (U.S. Feb. 25, 2003) (No. 01-7662).
Accordingly, we deny Hagwood’s motion for a certificate of
appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). We deny Hagwood’s motion requesting the removal from office
of the magistrate judge. 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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