Unpublished Dispositionbuford Lyvers, Petitioner-appellant, v. John Rees, Superintendent, Respondent-appellee, 812 F.2d 1407 (6th Cir. 1987)
Annotate this CaseBefore KEITH and KENNEDY, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.
ORDER
This case has been referred to a panel of the Court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the brief and record, this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.
In this action, petitioner seeks federal habeas corpus relief under 28 U.S.C. § 2254 from a 1981 burglary conviction enhanced by Kentucky's recidivist statute. The magistrate to whom the matter was referred recommended dismissing the petition. The district court, considering then rejecting petitioner's objections, adopted this recommendation and dismissed the petition. This appeal followed. Petitioner has filed an informal brief and moves for the appointment of appellate counsel.
Upon consideration, we affirm for the reasons set forth in the opinion and order on review. Rule 9(d) (3), Rules of the Sixth Circuit.
It is therefore ORDERED that the motion for counsel be denied and that the final order of the district court be affirmed.
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