UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7221
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
EDWARD STARGEN,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. Frederick P. Stamp, Jr.,
District Judge. (CR-99-30, CA-00-211-5)
Submitted: November 7, 2002 Decided: November 14, 2002
Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Edward Stargen, Appellant Pro Se. Samuel Gerald Nazzaro, Jr.,
Assistant United States Attorney, Wheeling, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Edward Stargen seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his motion filed under 28 U.S.C. § 2255 (2000). We have
reviewed the record and for the reasons stated by the district
court find that Stargen has not made a substantial showing of the
denial of a constitutional right. See United States v. Stargen,
Nos. CR-99-30; CA-00-211-5 (N.D.W. Va. July 15, 2002). Accordingly,
we deny a certificate of appealability and dismiss the appeal. See
28 U.S.C. § 2253(c) (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