Myers v. Hughes ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7052
MARK STEVEN MYERS,
Petitioner - Appellant,
versus
MARCUS HUGHES,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CA-01-88-HC-BR)
Submitted: December 12, 2002 Decided: January 3, 2003
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark Steven Myers, 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Unpublished opinions are not binding precedent in this circuit.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:
Mark Steven Myers, a state prisoner, seeks to appeal the
district court’s order accepting the recommendation of the
magistrate judge and denying relief on his petition filed under 28
U.S.C. § 2254 (2000). We have reviewed the record and conclude on
the reasoning of the district court that Myers has not made a
substantial showing of the denial of a constitutional right. See
Myers v. Hughes, No. CA-01-88-HC-BR (E.D.N.C. May 20, 2002).
Accordingly, we deny a certificate of appealability and dismiss the
appeal. See 28 U.S.C. § 2253(c) (2000). 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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