Underwood v. Lee

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-6362
JEFFREY LYNN UNDERWOOD,
Petitioner - Appellant,
versus
JACK LEE, Warden, Keen Mountain Correctional
Center,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-98-141-R)
Submitted: June 9, 1998 Decided: June 23, 1998
Before MURNAGHAN and HAMILTON, Circuit Judges, and HALL, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jeffrey Lynn Underwood, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant appeals the district court’s order denying relief on
his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.
1998). We have reviewed the record and the district court’s opinion
and find no reversible error. Accordingly, we deny a certificate of
appealability and dismiss the appeal on the reasoning of the
district court. Underwood v. Lee, No. CA-98-141-R (W.D. Va. Mar. 5,
1998). We deny Underwood’s motion to appoint counsel and his motion
for permission to refile his habeas petition in state court. 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