Antwyn Gibbs v. Donald Ames

U.S. Court of Appeals for the Fourth Circuit

Antwyn Gibbs v. Donald Ames

Opinion

USCA4 Appeal: 23-6969 Doc: 12 Filed: 12/19/2023 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-6969

ANTWYN GIBBS,

Petitioner - Appellant,

v.

DONALD AMES,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., Senior District Judge. (2:21-cv-00577)

Submitted: December 14, 2023 Decided: December 19, 2023

Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Antwyn Gibbs, Appellant Pro Se. Lindsay Sara See, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-6969 Doc: 12 Filed: 12/19/2023 Pg: 2 of 2

PER CURIAM:

Antwyn Gibbs appeals the district court’s order denying his postjudgment motion

for appointment of counsel. We have reviewed the record and find no reversible error.

Accordingly, we deny Gibbs’ motion for appointment of counsel on appeal and affirm the

district court’s order. * Gibbs v. Ames, No. 2:21-cv-00577 (S.D. W. Va. Sept. 15, 2023).

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

* To the extent Gibbs seeks to appeal the district court’s order accepting the magistrate judge’s recommendation and denying relief on his

28 U.S.C. § 2254

petition, or the court’s subsequent orders denying his other postjudgment motions, those orders are not properly before us in this appeal. See Fed. R. App. P. 4(a)(1)(A), (4)(A).

2

Reference

Status
Unpublished