Ault v. Waid

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 4, 2011
• Docket: 09-7895
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7895

STONEY WILLIAM AULT,

Petitioner - Appellant,

v.

TERESA WAID, Warden, Huttonsville Correctional Center,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:07-cv-00088-REM-JSK)

Submitted: February 28, 2011 Decided: March 4, 2011

Before TRAXLER, Chief Judge, and KING and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stoney William Ault, Appellant Pro Se. Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Stoney William Ault appeals district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 28 U.S.C. § 2254 (2006) petition. We have

reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. Ault v.

Waid, No. 2:07-cv-00088-REM-JSK (N.D. W. Va. Sept. 16, 2009).

We also deny Ault’s motion to seal the record on appeal. Local

Rule 25(c)(2). 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