UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-6671

DWAYNE DELESTON,

Petitioner - Appellant,

v.

UNITED STATES OF AMERICA,

Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (2:02-cv-3895-1-DCN)

Submitted: February 28, 2008 Decided: March 3, 2008

Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dwayne Deleston, Appellant Pro Se. Miller Williams Shealy, Jr., UNITED STATES ATTORNEY’S OFFICE, John Charles Duane, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Dwayne Deleston appeals the district court’s orders

denying his motions for an evidentiary hearing, for summary

judgment and to compel. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. Deleston v. United States, No. 2:02-cv-3895-1-

DCN (D.S.C. April 18, 2007). 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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