UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6935

DERICK FALLIN,

Petitioner – Appellant,

v.

J. SAAD, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:15-cv-00056-JPB-JES)

Submitted: January 5, 2017 Decided: January 10, 2017

Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Derick Fallin, Appellant Pro Se. Helen Campbell Altmeyer, Assistant United States Attorney, Wheeling, West Virginia; Erin K. Reisenweber, Assistant United States Attorney, Martinsburg, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Derick Fallin, 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. Fallin v. Saad, No. 2:15-cv-00056-JPB-JES (N.D.W. Va.

June 23, 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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