Kenneth Michael Plymale v. SHANNON MARKLE, Warden, Central Regional Jail

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7352
KENNETH MICHAEL PLYMALE,
Petitioner - Appellant,
versus
SHANNON MARKLE, Warden, Central Regional Jail,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
District Judge. (CA-02-2-CVB)
Submitted: November 7, 2002 Decided: November 15, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kenneth Michael Plymale, Appellant Pro Se. Heather Dawn Foster,
Assistant Attorney General, 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Unpublished opinions are not binding precedent in this circuit.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:
Kenneth Michael Plymale seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his petition filed under 28 U.S.C. § 2254 (2000).
We have reviewed the record and conclude based on the reasons
stated by the district court and the magistrate judge that Plymale
has not made a substantial showing of the denial of a
constitutional right. See Plymale v. Markle, No. CA-02-2-CVB
(N.D.W. Va. Aug. 20, 2002). Accordingly, we deny a certificate of
appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). 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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