UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6772

DORY MICHAEL EPPS,

Petitioner - Appellant,

v.

TERRY O’BRIEN,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:08-cv-00081-gec-mfu)

Submitted: October 21, 2008 Decided: October 27, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dory Michael Epps, Appellant Pro Se. Anthony Paul Giorno, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Dory Michael Epps, a federal prisoner, appeals the

district court’s order denying relief on his

(2000) petition. We have reviewed the record and find no

reversible error. Accordingly, although we grant leave to

proceed in forma pauperis, we affirm for the reasons stated by

the district court. See Epps v. O’Brien, No. 7:08-cv-00081-gec-

mfu (W.D. Va. filed Apr. 30, 2008 & entered May 1, 2008). 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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