Hubbard v. Painter

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6476 DAVID RAY HUBBARD, Petitioner - Appellant, versus HOWARD PAINTER, Warden, Mount Olive Correc- tional Complex, 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-99-328-5) Submitted: August 31, 2000 Decided: September 15, 2000 Before WILKINS, WILLIAMS, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. David Ray Hubbard, Appellant Pro Se. Darrell V. McGraw, Jr., Leah Perry Macia, 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 Unpublished opinions are not binding precedent in this circuit.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). PER CURIAM: David Ray Hubbard seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). 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 leave to proceed in forma pauperis, deny the motion for a certificate of appealability, and dismiss the appeal on the reasoning of the dis- trict court. See Hubbard v. Painter, No. CA-99-328-5 (S.D.W. Va. Mar. 6, 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 2