United States v. Bailey , 54 F. App'x 161 ( 2003 )


Menu:
  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 02-7666
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    versus
    WILLIE BAILEY, JR.,
    Defendant - Appellant.
    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. William L. Osteen, District
    Judge. (CR-99-55, CR-99-97, CA-01-1037-1)
    Submitted:   December 19, 2002            Decided:   January 7, 2003
    Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Willie Bailey, Jr., Appellant Pro Se. Lawrence Patrick Auld, OFFICE
    OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Willie Bailey, Jr., seeks to appeal the district court’s order
    accepting the recommendation of the magistrate judge and denying
    relief on his motion filed under 
    28 U.S.C. § 2255
     (2000).           We have
    reviewed the record and conclude on the reasoning of the district
    court that Bailey has not made a substantial showing of the denial
    of a constitutional right.     See United States v. Bailey, Nos. CR-
    99-55; CR-99-97; CA-01-1037-1 (M.D.N.C. filed Aug. 30, 2002 &
    entered Sept. 3, 2002).     Accordingly, we deny Bailey’s motion for
    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
    

Document Info

Docket Number: 02-7666

Citation Numbers: 54 F. App'x 161

Judges: Wilkins, King, Hamilton

Filed Date: 1/7/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024