UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7206

WAYNE A. DERRYBERRY,

Petitioner - Appellant,

versus

HOWARD PAINTER, Acting Warden,

Respondent - Appellee,

and

GEORGE TRENT, Warden, Mount Olive Correctional Complex,

Defendant.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. David A. Faber, District Judge. (CA-97-988-5)

Submitted: January 31, 2000 Decided: February 9, 2000

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Cir- cuit Judge.

Dismissed by unpublished per curiam opinion.

Wayne A. Derryberry, Appellant Pro Se. Darrell V. McGraw, Jr., Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIR- GINIA, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Wayne A. Derryberry appeals the district court’s orders de-

nying relief on his petition filed under

(West

1994 & Supp. 1999), and denying him a certificate of appealability.

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

accepting the recommendation of the magistrate judge, and the dis-

trict court’s orders and find no reversible error. Accordingly, we

deny Derryberry’s motion for appointment of counsel, deny a certif-

icate of appealability, and dismiss his appeal on the reasoning of

the district court. See Derryberry v. Painter, No. CA-97-988-5

(S.D.W. Va. Mar. 30 & Aug. 20, 1999). We dispense with oral argu-

ment because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED

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