Frazier v. Baskerville

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6968 KENNETH FRAZIER, Petitioner - Appellant, versus ALTON BASKERVILLE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-01-000-7) Submitted: October 4, 2001 Decided: October 11, 2001 Before NIEMEYER, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Kenneth Frazier, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Kenneth Frazier seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). 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 certif- icate of appealability and dismiss the appeal on the reasoning of the district court. Frazier v. Baskerville, No. CA-01-000-7 (W.D. Va. May 31, 2001). 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