UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7914

JESUS MAGANA,

Petitioner - Appellant,

v.

TERRY O’BRIEN, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, Chief District Judge. (2:12-cv-00027-JPB-DJJ)

Submitted: January 22, 2013 Decided: January 25, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

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Unpublished opinions are not binding precedent in this circuit.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

Jesus Magana, a federal prisoner, appeals the district

court’s order accepting the recommendation of the magistrate

judge and denying relief on his

(West 2006 &

Supp. 2012) petition. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated

by the district court. Magana v. O’Brien, No. 2:12-cv-00027-

JPB-DJJ (N.D.W. Va. Oct. 26, 2012). 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

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