Barkley v. Duncil

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6834
ROBERT J. BARKLEY, SR.,
Petitioner - Appellant,
versus
WILLIAM DUNCIL,
Respondent - Appellee.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Elkins. Robert Earl Maxwell, Senior
District Judge. (CA-95-108)
Submitted: February 27, 1997 Decided: March 11, 1997
Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert J. Barkley, Sr., Appellant Pro Se. Scott E. Johnson, OFFICE
OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virgin-
ia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant seeks to appeal the district court's order denying
relief on his petition filed under 28 U.S.C. § 2254 (1994), amended
by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L.
No. 104-132, 110 Stat. 1214. We have reviewed the record and the
district court's opinion accepting the recommendation of the magis-
trate judge and find no reversible error. Accordingly, we deny
Appellant's motion for a certificate of probable cause, deny a cer-
tificate of appealability, and dismiss the appeal on the reasoning
of the district court. Barkley v. Duncil, No. CA-95-108 (N.D.W. Va.
Apr. 15, 1996). 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.
DISMISSED
2