UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7613
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
CHRISTOPHER J. BAILEY,
Defendant - Appellant.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. Charles H. Haden II, Chief
District Judge. (CR-95-2, CA-98-378-2)
Submitted: January 21, 1999 Decided: February 9, 1999
Before LUTTIG, MOTZ, and KING,* Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher J. Bailey, Appellant Pro Se. Michael Lee Keller,
OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia,
for Appellee.
*
Judge King did not participate in consideration of this
case. The opinion is filed by a quorum of the panel pursuant to 28
U.S.C. § 46(d).
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Christopher Bailey seeks to appeal the district court’s order
denying his motion filed under 28 U.S.C.A. § 2255 (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, although we grant leave to
proceed in forma pauperis, we deny a certificate of appealability
and dismiss the appeal on the reasoning of the district court. See
United States v. Bailey, Nos. CR-95-2; CA-98-378-2 (S.D.W. Va. Aug.
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
2