UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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