Smith v. Beck , 55 F. App'x 142 ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7247
JIMMY CORNELL SMITH,
Petitioner - Appellant,
versus
THEODIS BECK, Secretary, North Carolina
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-01-890-5-BO)
Submitted: January 6, 2003 Decided: January 22, 2003
Before NIEMEYER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jimmy Cornell Smith, 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Unpublished opinions are not binding precedent in this circuit.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:
Jimmy Cornell Smith 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 conclude on the reasoning of the
district court that Smith has not made a substantial showing of the
denial of a constitutional right. See Smith v. Beck, No. CA-01-
890-5-BO (E.D.N.C. July 26, 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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