Kyle v. McBride

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-6788

FORREST RAY KYLE,

Petitioner - Appellant,

v.

THOMAS MCBRIDE, Warden, Mt. Olive Correctional Complex; WARDEN DAVID BALLARD,

Respondents - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:02-cv-00010-REM)

Submitted: March 3, 2010 Decided: May 19, 2010

Before MOTZ, KING, and DAVIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Forrest Ray Kyle, Appellant Pro Se. Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Forrest Ray Kyle appeals the district court’s orders

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. Kyle v.

McBride, No. 2:02-cv-00010-REM (N.D. W. Va. Oct. 29, 2002;

Mar. 24, 2009). We deny Kyle’s motion to appoint counsel and

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