Arbaugh v. McBride

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7265
MAX ARBAUGH,
Petitioner - Appellant,
versus
THOMAS MCBRIDE,
Respondent - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins. Robert Earl Maxwell, Senior
District Judge. (CA-02-14-2)
Submitted: October 15, 2002 Decided: October 22, 2002
Before WILLIAMS, MOTZ, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Max Arbaugh, 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Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Max Arbaugh seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his petition filed under 28 U.S.C. § 2254 (2000). We
have reviewed the record and conclude for the reasons stated by the
district court that Arbaugh has not made a substantial showing of
the denial of a constitutional right. See Arbaugh v. McBride, No.
CA-02-14-2 (N.D.W. Va. Aug. 8, 2002). Accordingly, we deny a
certificate of appealability and dismiss the appeal. See 28 U.S.C.
§ 2253(c) (2000). 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
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