UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 00-6489

BRETT C. KIMBERLIN, Petitioner - Appellant, versus

STEPHEN DEWALT, Warden, Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Rebecca B. Smith, District Judge. (CA-99-979-2)

Submitted: May 16, 2000 Decided: May 25, 2000

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Brett C. Kimberlin, Appellant Pro Se. George Maralan Kelley, III, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Brett C. Kimberlin appeals the district court's order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court's opinion accepting the recom- mendation of the magistrate judge and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See Kimberlin v. Dewalt, No. CA-99-979-2 (E.D. Va. Apr. 3, 2000). We deny Kimberlin's motions for bail pending appeal and for appoint- ment of counsel. Finally, we deny Kimberlin's motion for 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