Warren Wamsley v. Warden David Ballard

Filing 920090120


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-7872 WARREN D. WAMSLEY, Petitioner Appellant, v. WARDEN DAVID BALLARD, Respondent Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:07-cv-00041-REM-JES) Submitted: January 13, 2009 Decided: January 20, 2009 Before WILLIAMS, Judges. Chief Judge, and TRAXLER and KING, Circuit Affirmed by unpublished per curiam opinion. Warren D. Wamsley, Appellant Pro Se. Robert David Goldberg, Assistant Attorney General, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Warren D. Wamsley appeals the district court's order accepting the recommendation of the magistrate judge and granting in part and denying in part his 28 U.S.C. 2254 (2006) petition. The district We have court reviewed granted the a certificate and find of no appealability. reversible error. record Accordingly, we affirm for the reasons stated Wamsley v. Ballard, No. 2:07-cv-00041We deny Wamsley's motion for by the district court. REM-JES (N.D.W. Va. Aug. 8, 2008). appointment of counsel. clarification as moot. We further deny Wamsley's motion for 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. AFFIRMED 2

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