UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6960

JAMES ALLEN MORRIS,

Petitioner - Appellant,

v.

WARDEN JOYCE FRANCIS, The Attorney General of the State of Mississippi,

Respondent - Appellee.

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-00024-REM-JSK)

Submitted: November 13, 2008 Decided: November 19, 2008

Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James Allen Morris, Appellant Pro Se. Rita R. Valdrini, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

James Allen Morris 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. Morris v. Warden

Joyce Francis, No. 2:06-cv-00024-REM-JSK (N.D. W. Va. May 27,

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

2