Futrell v. Catoe , 53 F. App'x 690 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7047
THELBERT NOLAN “PETE” FUTRELL,
Petitioner - Appellant,
versus
WILLIAM D. CATOE, Director, South Carolina
Department of Corrections; CHARLES M. CONDON,
Attorney General of the State of South
Carolina,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Patrick Michael Duffy, District Judge.
(CA-00-1082-4-23)
Submitted: December 11, 2002 Decided: December 31, 2002
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Court.
Dismissed by unpublished per curiam opinion.
Thelbert Nolan Futrell, Appellant Pro Se. Donald John Zelenka,
Chief Deputy Attorney General, Jeffrey Alan Jacobs, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Thelbert Nolan “Pete” Futrell 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 Futrell has not made a substantial
showing of the denial of a constitutional right. See Futrell v.
Catoe, No. CA-00-1082-4-23 (D.S.C. June 21, 2002). Accordingly, we
deny a certificate of appealability and dismiss the appeal. See 28
U.S.C. § 2253(c) (2000). Futrell’s motion for oral argument is
denied 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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