Anstey v. Painter

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6521 SAMUEL R. ANSTEY, Petitioner - Appellant, versus HOWARD PAINTER, Mount Olive Correctional Com- plex, Warden, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. David A. Faber, District Judge. (CA-99-120-5) Submitted: September 20, 2001 Decided: October 9, 2001 Before MICHAEL, MOTZ, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Samuel R. Anstey, Appellant Pro Se. Leah Perry Macia, BAILEY & GLASSER, L.L.P., Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Samuel R. Anstey 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 Anstey’s motion for a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Anstey v. Painter, No. CA-99-120-5 (S.D.W. Va. Mar. 16, 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