Sizemore v. Osborne

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7660 EDDIE PATRICK SIZEMORE, Petitioner - Appellant, versus K. L. OSBORNE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-97-82-R) Submitted: September 10, 1998 Decided: September 22, 1998 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Eddie Patrick Sizemore, Appellant Pro Se. Steven Andrew Witmer, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Appellant seeks to appeal the district court’ order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. Sizemore v. Osborne, No. CA-97-82-R (W. D. Va. October 22, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2