Price v. Supt Wadsworth ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6419
JAMES ELLIOTT PRICE, SR.,
Petitioner - Appellant,
versus
DERRICK WADSWORTH, Superintendent,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-02-201-5-H)
Submitted: June 4, 2003 Decided: July 2, 2003
Before MICHAEL, MOTZ, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Elliott Price, Sr., Appellant Pro Se. Clarence Joe DelForge,
III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Elliott Price, Sr., a state prisoner, seeks to appeal
from the district court’s order denying relief on his petition
filed under 28 U.S.C. § 2254 (2000). This court may only grant a
certificate of appealability if the appellant makes a substantial
showing of the denial of a constitutional right. 28 U.S.C.
§ 2253(c)(2) (2000). We have independently reviewed the record and
conclude Price has not made a substantial showing of the denial of
a constitutional right. See Miller-El v. Cockrell, 123 S. Ct. 1029(2003). Accordingly, we deny a certificate of appealability and
dismiss the appeal. 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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