Krumm v. Painter

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7416 VARNUM M. KRUMM, JR., Petitioner - Appellant, versus HOWARD PAINTER, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CA-99-89-5) Submitted: July 12, 2001 Decided: July 19, 2001 Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Varnum M. Krumm, Jr., Appellant Pro Se. Darrell V. McGraw, Jr., Dawn Ellen Warfield, 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 Unpublished opinions are not binding precedent in this circuit.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: Varnum J. Krumm, Jr., appeals 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 a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. See Krumm v. Painter, No. CA-99-89-5 (N.D.W. Va. Sept. 25, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 2