Davis v. Moore

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6242 BOBBY JOE DAVIS, Petitioner - Appellant, versus MICHAEL MOORE, Director; CHARLES M. CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Patrick Michael Duffy, District Judge. (CA-97-385-5-23) Submitted: July 30, 1998 Decided: August 26, 1998 Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges. Dismissed by unpublished per curiam opinion. Bobby Joe Davis, Appellant Pro Se. Lauri J. Soles, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). 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 certificate of appealabil- ity and dismiss the appeal on the reasoning of the district court. Davis v. Moore, No. CA-97-385-5-23 (D.S.C. Jan. 16, 1998). 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