Johnson v. McBride

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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
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