UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7496
FRANK MIDDLETON, JR.,
Petitioner - Appellant,
versus
JOHN H. CARMICHAEL, JR., Warden; 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 Charleston. Robert S. Carr, Magistrate Judge.
(CA-97-1711-2-8AJ)
Submitted: January 7, 1999 Decided: January 26, 1999
Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Frank Middleton, Appellant Pro Se. William Ansel Collins, Jr.,
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Frank Middleton, Jr., appeals the magistrate judge’s order
denying relief on his 28 U.S.C. § 2241 (1994) petition.* We have
reviewed the record and the magistrate judge’s opinion and find no
reversible error. Accordingly, we deny a certificate of appeal-
ability and dismiss the appeal on the reasoning of the magistrate
judge. See Middleton v. Carmichael, No. CA-97-1711-2-8AJ (D.S.C.
Sept. 28, 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
*
The parties consented to jurisdiction of the magistrate
judge pursuant to 28 U.S.C. § 636(c)(1) (1994).
2