Lance v. Lamanna

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-6122

ROBERT M. LANCE,

Petitioner - Appellant,

versus

JOHN J. LAMANNA, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. David C. Norton, District Judge. (4:04-cv-02247-DCN)

Submitted: May 18, 2006 Decided: May 31, 2006

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert M. Lance, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Robert M. Lance appeals the district court’s order

accepting the recommendation of the magistrate judge and dismissing

Lance’s 28 U.S.C. § 2241 (2000) petition. On appeal, the sole

issue raised by Lance is that the magistrate judge lacked

jurisdiction to adjudicate his action.* This claim fails because

the magistrate judge had jurisdiction to make a recommendation to

the district court. See 28 U.S.C. § 636(b) (2000); Fed. R. Civ. P.

72(b). Accordingly, we deny a certificate of appealability and

dismiss the appeal. 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

* We limit our review to the issues presented in the informal brief. 4th Cir. R. 34(b).

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