UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6991

KEITH MAYDAK, Petitioner - Appellant, versus

KEITH OLSEN, in his official capacity as War- den of the Federal Correctional Institution at Beckley, West Virginia; KATHLEEN HAWK, in her capacity as Director of the Federal Bureau of Prisons, Respondents - Appellees.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. David A. Faber, District Judge. (CA-97-306-5)

Submitted: September 25, 1997 Decided: October 23, 1997

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Keith Maydak, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order dismissing his 28 U.S.C. § 2241 (1994) petition as frivolous. We have reviewed the record and the district court's opinion accepting the recommenda- tion of the magistrate judge and find no reversible error. Accord- ingly, we affirm on the reasoning of the district court. Maydak v. Olsen, No. CA-97-306-5 (S.D.W. Va. July 9, 1997). We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED