UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-6597

ROBERT THOMAS,

Petitioner - Appellant,

v.

KUMA DEBOO,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (2:09-cv-00134-REM-DJJ)

Submitted: November 18, 2010 Decided: November 30, 2010

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Robert Thomas, Appellant Pro Se. Daniel W. Dickinson, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Robert Thomas, a federal prisoner, appeals the

district court’s order accepting the recommendation of the

magistrate judge and denying relief on his

(West 2006 & Supp. 2010) petition. We have reviewed the record

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

reasons stated by the district court. Thomas v. Deboo, No.

2:09-cv-00134-REM-DJJ (N.D.W. Va. Apr. 8, 2010). We deny

Thomas’s motion to appoint counsel. 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