Strickland v. Beck ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7808
DAVID EMANUEL STRICKLAND,
Petitioner - Appellant,
versus
THEODIS BECK, Secretary of the North Carolina
Department of Correction,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CA-01-1132-1)
Submitted: March 20, 2003 Decided: March 25, 2003
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
David Emanuel Strickland, 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Unpublished opinions are not binding precedent in this circuit.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:
David Emanuel Strickland 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 independently reviewed the record and conclude that
Strickland has not made a substantial showing of the denial of a
constitutional right. See Miller-El v. Cockrell, 123 S.Ct. 1029(U.S. Feb. 25, 2003). Accordingly, we deny a certificate of
appealability, deny leave to proceed in forma pauperis, 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
2