Groat v. Coleman

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 17, 2003
• Docket: 03-6399
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6399

RICHARD LEON GROAT,

Petitioner - Appellant,

versus

MICHAEL COLEMAN, Acting Warden Mount Olive Correctional Center,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Chief District Judge. (CA-02-7-1)

Submitted: June 12, 2003 Decided: June 17, 2003

Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard Leon Groat, 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Unpublished opinions are not binding precedent in this circuit.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:

Richard Leon Groat 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

independently reviewed the record and conclude that Groat has not

made a substantial showing of the denial of a constitutional right.

See Miller v. Cockrell, 123 S. Ct. 1029, 1040 (2003). 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