United States v. Hairston

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6167 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus TRACEY LEE HAIRSTON, a/k/a Uhms, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, District Judge. (CR-99-198; CA-03-345-2) Submitted: May 26, 2004 Decided: June 18, 2004 Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Tracey Lee Hairston, Appellant Pro Se. Monica Kaminski Schwartz, OFFICE OF THE UNITED STATES ATTORNEY, Ray McVeigh Shepard, Special Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Tracey Lee Hairston seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing his petition under 28 U.S.C. § 2254 (2000). We have independently reviewed the record and conclude that Hairston has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003). Accordingly, we deny Hairston’s motion for 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 -