Hughes v. Taylor

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6957 LAWRENCE HUGHES, Petitioner - Appellant, versus EDSEL T. TAYLOR, Warden; MACDOUGALL CORREC- TIONAL INSTITUTION; CHARLES M. CONDON, Attor- ney General, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Henry M. Herlong, Jr., District Judge. (CA-98-1736-2-20AJ) Submitted: September 30, 1999 Decided: October 15, 1999 Before WIDENER, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Lawrence Hughes, 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 Unpublished opinions are not binding precedent in this circuit.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: Lawrence Hughes appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). 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 substantially on the reasoning of the district court. See Hughes v. Taylor, No. CA-98-1736-20AJ (D.S.C. June 22, 1999).* 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 * We note, however, that the district court’s dismissal is without prejudice to Hughes’ right to file in this court an appropriate petition pursuant to 28 U.S.C.A. § 2244 (West Supp. 1999). 2