UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6837

HENRY JOSEPH BORELLI,

Petitioner - Appellant,

versus

JOE DRIVER, Warden,

Respondent - Appellee,

and

AL HAYNES,

Respondent.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:06-cv-00087-REM)

Submitted: October 18, 2007 Decided: October 24, 2007

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Henry Joseph Borelli, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Henry Joseph Borelli, a federal prisoner, appeals the

district court’s order accepting the recommendation of the

magistrate judge and denying relief on 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 Borelli v. Driver, 2:06-cv-00087-REM (N.D.W.

Va. filed May 4, 2007 & entered May 7, 2007). Additionally, we

deny Borelli’s “Emergency Application for Temporary Injunction” as

moot and deny his motion to amend the caption in this case. 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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