Warren Wamsley v. Warden David Ballard

Filing 920090120

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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