Jiminez v. Vaughan

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7099

MIGUEL JIMINEZ, a/k/a Miguel Jiminez Gomez,

Petitioner - Appellant,

v.

DOUGLAS M. VAUGHAN, Warden, Nottoway Correctional Center, Commonwealth of Virginia,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. M. Hannah Lauck, Magistrate Judge. (3:07-cv-00639-MHL)

Submitted: July 15, 2009 Decided: August 25, 2009

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

John E. Davidson, DAVIDSON & KITZMANN, PLC, Charlottesville, Virginia, for Appellant. Robert F. McDonnell, Attorney General of Virginia, Benjamin H. Katz, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Miguel Jiminez seeks to appeal the magistrate judge’s

order * denying relief on his 28 U.S.C. § 2254 (2006) petition.

We have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the magistrate

judge. Jiminez v. Vaughan, No. 3:07-cv-00639-MHL (E.D. Va.

June 5, 2008). 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.

AFFIRMED

* The parties consented to the jurisdiction of the magistrate judge. See 28 U.S.C. § 636(c) (2006).

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