UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 13-7161

JOSEPH M. CHERRY, II,

Petitioner - Appellant,

v.

WARDEN TERRY O’BRIEN,

Respondent – Appellee,

and

USP HAZELTON,

Respondent.

Appeal from the United States District Court for the Northern District of West Virginia, at Martinsburg. Gina M. Groh, District Judge. (3:13-cv-00001-GMG-DJJ)

Submitted: October 17, 2013 Decided: October 21, 2013

Before AGEE, DAVIS, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joseph M. Cherry, II, Appellant Pro Se. Helen Campbell Altmeyer, Jarod James Douglas, Assistant United States Attorneys, Wheeling, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

2 PER CURIAM:

Joseph M. Cherry, II, a federal prisoner, appeals the

district court’s order accepting the recommendation of the

magistrate judge and denying relief on his

(West 2006 & Supp. 2013) petition. We have reviewed the record

and find no reversible error. Accordingly, although we grant

leave to proceed in forma pauperis, we affirm the district

court’s order. Cherry v. O’Brien, No. 3:13-cv-00001-GMG-DJJ

(N.D.W. Va. June 19, 2013). We dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before this court and argument would not aid

the decisional process.

AFFIRMED

3