UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6654

JUAN CRUZ,

Petitioner – Appellant,

v.

JOHN L. LAMANNA, Warden at Federal Correctional Institution at Edgefield,

Respondent – Appellee,

and

RONALD HOLT,

Respondent.

Appeal from the United States District Court for the District of South Carolina, at Columbia. Henry F. Floyd, District Judge. (3:07-cv-01060-HFF)

Submitted: January 13, 2009 Decided: January 15, 2009

Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Juan Cruz, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Juan Cruz, 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 Cruz v. LaManna, No. 3:07-cv-01060-HFF

(D.S.C. Feb. 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