UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7439

TERRENCE BRAXTON,

Petitioner - Appellant,

versus

JOSEPH BROOKS, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry Coke Morgan, Jr., District Judge. (CA-03-63-2)

Submitted: January 29, 2004 Decided: February 6, 2004

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terrence Braxton, Appellant Pro Se. Laurie Marie Everhart, 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Unpublished opinions are not binding precedent in this circuit.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:

Terrence Braxton appeals the district court’s order

accepting the recommendation of the magistrate judge and denying

his

(2000) petition. We have reviewed the record

and find no reversible error. Accordingly, we affirm for the

reasons stated by the district court. See Braxton v. Brooks, No.

CA-03-63-2 (E.D. Va. Sept. 2, 2003). 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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