Martin v. Baskerville, (4th Cir. 2003)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7886 WILLIAM MURRELL MARTIN, JR., Petitioner - Appellant, versus

ALTON BASKERVILLE, Warden, Respondent - Appellee. Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-02-529-7)

Submitted: January 31, 2003 Decided: February 20, 2003

Before WILKINS, Chief Judge, TRAXLER, Circuit Judge, and HAMILTON,

Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

William Murrell Martin, Jr., Appellant Pro Se. Eugene Paul Murphy,

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

William Murrell Martin, Jr., seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. 2254 (2000). We have reviewed the record and conclude that Martin has not made a substantial showing of the denial of a constitutional right. Accordingly, we deny a certificate of appealability and dismiss the appeal. See 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

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