UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7282

CORNELIUS A. TUCKER,

Petitioner - Appellant,

v.

GENE M. JOHNSON,

Respondent – Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:09-cv-00171-sgw-mfu)

Submitted: September 23, 2009 Decided: November 10, 2009

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Cornelius A. Tucker, Appellant Pro Se. Susan Mozley Harris, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Cornelius A. Tucker appeals the district court’s order

denying his motion for release on bail pending disposition of

his

(2006) petition. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. Tucker v. Johnson,

No. 7:09-cv-00171-sgw-mfu (W.D. Va. June 22, 2009). Tucker has

also moved in this court for release pending appeal; we deny the

motion. 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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