UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6858

SPENCER T. MYERS,

Petitioner - Appellant,

v.

TERRY O’BRIEN, 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. (5:14-cv-00162-FPS-MJA)

Submitted: December 15, 2016 Decided: December 19, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Spencer T. Myers, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Spencer T. Myers, a federal prisoner, appeals the district

court’s order accepting the recommendation of the magistrate

judge and denying relief on his

(2012)

petition. We have reviewed the record and find no reversible

error. Accordingly, although we grant leave to proceed in forma

pauperis, we affirm for the reasons stated by the district

court. See Myers v. O’Brien, No. 5:14-cv-00162-FPS-MJA (N.D.W.

Va. May 26, 2016). 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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