UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6877
JESSIE DAVIS,
Petitioner - Appellant,
versus
HOWARD PAINTER, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Joseph Robert Goodwin,
District Judge. (CA-00-278-2)
Submitted: October 10, 2001 Decided: October 31, 2001
Before WILKINS, NIEMEYER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jessie M. Davis, Appellant Pro Se. Darrell V. McGraw, Jr., Scott
E. Johnson, 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Unpublished opinions are not binding precedent in this circuit.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:
Jessie Davis seeks to appeal the district court’s order deny-
ing 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 cer-
tificate of appealability and dismiss the appeal on the reasoning
of the district court. Davis v. Painter, No. CA-00-278-2 (S.D.W.
Va. Dec. 8, 2000). We further deny Davis’ motion to grant his
petition and to proceed on appeal in forma pauperis. 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