Parker v. State of NC ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6790
JOEL PARKER,
Petitioner - Appellant,
versus
STATE OF NORTH CAROLINA; RANDALL LEE,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-00-771-HC-5)
Submitted: October 2, 2002 Decided: December 3, 2002
Before MICHAEL, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joel Parker, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE
OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joel Parker seeks to appeal the district court’s order denying
relief on his petition filed under 28 U.S.C. § 2254 (2000). We
have reviewed the record and the district court’s opinion accepting
the recommendation of the magistrate judge and conclude on the
reasoning of the district court that Parker has not made a
substantial showing of the denial of a constitutional right. See
Parker v. North Carolina, No. CA-00-771-HC-5 (E.D.N.C. filed Sept.
18, 2001; entered Sept. 19, 2001). 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
2