Allen v. McBride ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-6605
DARNELL A. ALLEN, JR.,
Petitioner - Appellant,
versus
THOMAS MCBRIDE, Warden, Mount Olive
Correctional Complex,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert E. Maxwell, Senior
District Judge. (2:05-cv-00016-REM)
Submitted: October 2, 2006 Decided: January 26, 2007
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Darnell A. Allen, Jr., Appellant Pro Se. Dawn Ellen Warfield,
OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darnell A. Allen, Jr., appeals the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his 28 U.S.C. § 2254 (2000) petition. We have reviewed
the record and find no reversible error. Accordingly, we deny
Allen’s motion for appointment of counsel and affirm for the
reasons stated by the district court. See Allen v. McBride, No.
2:05-cv-00016-REM (N.D. W. Va. Mar. 15, 2006). 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
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