United States v. Horton

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7037

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROY HORTON,

Defendant - Appellant.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, Chief District Judge. (CR-93-40, CA-01-4-1)

Submitted: January 30, 2002 Decided: June 17, 2002

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

Dismissed by unpublished per curiam opinion.

Roy Horton, Appellant Pro Se. Thomas Oliver Mucklow, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Roy Horton seeks to appeal the district court’s orders denying

relief on his motion filed under 28 U.S.C.A. § 2255 (West Supp.

2001) and denying his motion for recusal. We have reviewed the

record and the district court’s opinions accepting the

recommendation of the magistrate judge and find no reversible

error. Accordingly, we deny Horton’s motion for a certificate of

appealability and dismiss the appeal on the reasoning of the

district court. United States v. Horton, Nos. CR-93-40; CA-01-4-1

(N.D.W. Va. Mar. 5, 2001; Mar. 22, 2001; May 2, 2001). We also deny

Horton’s motion to substitute the Assistant United States Attorney

assigned to this case. 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