United States v. Hairston ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-6167
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
TRACEY LEE HAIRSTON, a/k/a Uhms,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Charles H. Haden II,
District Judge. (CR-99-198; CA-03-345-2)
Submitted: May 26, 2004 Decided: June 18, 2004
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tracey Lee Hairston, Appellant Pro Se. Monica Kaminski Schwartz,
OFFICE OF THE UNITED STATES ATTORNEY, Ray McVeigh Shepard, Special
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tracey Lee Hairston seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing his petition under 28 U.S.C. § 2254 (2000). We have
independently reviewed the record and conclude that Hairston has
not made a substantial showing of the denial of a constitutional
right. See Miller-El v. Cockrell, 537 U.S. 322, 336 (2003).
Accordingly, we deny Hairston’s motion for a certificate of
appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
- 2 -