Johnson v. McBride , 209 F. App'x 224 ( 2006 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 05-7396
    MARK A. JOHNSON,
    Petitioner - Appellant,
    versus
    THOMAS MCBRIDE, Warden,
    Respondent - Appellee.
    Appeal from the United States District Court for the Northern
    District of West Virginia, at Martinsburg. W. Craig Broadwater,
    District Judge. (CA-03-15-3)
    Submitted:   January 26, 2006          Decided:     December 11, 2006
    Before LUTTIG,* WILLIAMS, and GREGORY, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Mark A. Johnson, Appellant Pro Se. Dawn Ellen Warfield, Jon Rufus
    Blevins, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA,
    Charleston, West Virginia, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    *
    Judge Luttig was a member of the original panel but did not
    participate in this decision. This opinion is filed by a quorum of
    the panel pursuant to 
    28 U.S.C. § 46
    (d).
    PER CURIAM:
    Mark   A.   Johnson   appeals   the   district    court’s   order
    denying relief on his 
    28 U.S.C. § 2254
     (2000) petition.           We have
    reviewed the record and find no reversible error.          Accordingly, we
    affirm the dismissal of Johnson’s stun belt issue for the reasons
    stated by the district court.     Johnson v. McBride, No. CA-03-15-3
    (N.D. W. Va. Mar. 26, 2006).    We previously denied a certificate of
    appealability and dismissed the appeal as to all other issues.           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.
    AFFIRMED
    - 2 -
    

Document Info

Docket Number: 05-7396

Citation Numbers: 209 F. App'x 224

Judges: Gregory, Luttig, Per Curiam, Williams

Filed Date: 12/11/2006

Precedential Status: Non-Precedential

Modified Date: 11/5/2024