Ault v. Haines

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-7595 STONEY WILLIAM AULT, Petitioner - Appellant, versus WILLIAM S. HAINES, Correctional Center, Warden, Huttonsville Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert E. Maxwell, Senior District Judge. (CA-04-94) Submitted: May 24, 2006 Decided: June 8, 2006 Before NIEMEYER, KING, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Stoney William Ault, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Stoney district court's William order Ault, a state the prisoner, appeals of the the adopting recommendation magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition without prejudice. no reversible error. the district court. Sept. 30, 2005). We have reviewed the record and find Accordingly, we affirm on the reasoning of See Ault v. Haines, No. CA-04-94 (N.D. W. Va. 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 - 2 -