Wambach v. Smith ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6780
FREDDY LUDWIG WAMBACH,
Petitioner - Appellant,
versus
ROBERT SMITH,
Respondent - Appellee.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. James A. Beaty, Jr., District
Judge. (CA-00-301-1)
Submitted: July 27, 2000 Decided: August 7, 2000
Before MURNAGHAN, WILKINS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Freddy L. Wambach, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Freddy Ludwig Wambach appeals the district court’s order ac-
cepting a magistrate judge’s recommendation to dismiss his petition
filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). 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 district court. See
Wambach v. Smith, No. CA-00-301-1 (M.D.N.C. May 4, 2000). We dis-
pense 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