UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 10-7243

CHARLES ELLWOOD GWATHNEY,

Petitioner - Appellant,

v.

J. ZIEGLER, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:10-cv-00034-FPS-JES)

Submitted: November 30, 2010 Decided: December 7, 2010

Before WILKINSON, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles Ellwood Gwathney, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Charles Ellwood Gwathney, 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. Gwathney v. Ziegler, No.

5:10-cv-00034-FPS-JES (N.D.W. Va. Aug. 9, 2010). 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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