Hamby v. State of SC

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6248 RICKY LEVERNE HAMBY, Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; ROBERT WARD, Warden; EVANS CORRECTIONAL INSTITUTION; CHARLES M. CONDON, Attorney General, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CA-98-298-2-8AJ) Submitted: April 29, 1999 Decided: May 4, 1999 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Ricky Leverne Hamby, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Ricky Leverne Hamby 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 appealability and dismiss the appeal on the reasoning of the dis- trict court. See Hamby v. South Carolina, No. CA-98-298-2-8AJ (D.S.C. Jan. 21, 1999). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 2