Frank C. Lechiara, Jr., Randolph C. Scott, Plaintiffs-appellants, v. Fred L. Fox, Ii, Chief Judge of the Sixteenth Judicialcircuit, Rodney B. Merrifield, Judge of the Sixteenthjudicial Circuit, Barbara A. Core, Clerk of the Sixteenthjudicial Circuit, Defendants-appellees, 940 F.2d 652 (4th Cir. 1991)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 940 F.2d 652 (4th Cir. 1991) Submitted Nov. 26, 1990. Decided July 31, 1991

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. William M. Kidd, Senior District Judge. (CA-90-18-C-K)

Frank C. Lechiara, Jr., Randolph C. Scott, appellants pro se.

N.D.W. Va.


Before PHILLIPS, and WILKINSON, Circuit Judges, and, CHAPMAN, Senior Circuit Judge.



Frank C. Lechiara, Jr. and Randolph C. Scott appeal from the district court's order denying their Fed. R. Civ. P. 60(b) motion for reconsideration. Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court.*  Lechiara v. Fox, CA-90-18-CK (N.D.W. Va. Apr. 19, 1990). 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.



We note that a claim that witnesses were not allowed to testify in a criminal proceeding may be brought in a habeas petition under 28 U.S.C. § 2254