Sizemore v. Williamson

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 30, 2002
• Docket: 02-6682
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6682

RAY DERWOOD SIZEMORE,

Petitioner - Appellant,

versus

MARK WILLIAMSON,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, District Judge. (CA-99-1105-1)

Submitted: August 20, 2002 Decided: August 30, 2002

Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Ray Derwood Sizemore, 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Unpublished opinions are not binding precedent in this circuit.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:

Ray Derwood Sizemore appeals the district court’s order

denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

We have reviewed the record and the district court’s opinion

accepting the recommendation of the magistrate judge and find that

Sizemore has failed to make a substantial showing of the denial of

a constitutional right. Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the

district court. See Sizemore v. Williamson, No. CA-99-1105-1

(S.D.W. Va. Mar. 21, 2001). 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