Baker v. Johnson

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6123
BERNARD M. BAKER,
Petitioner - Appellant,
versus
GENE M. JOHNSON, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-02-492-2)
Submitted: March 20, 2003 Decided: March 31, 2003
Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Bernard K. Baker, Appellant Pro Se. Richard Carson Vorhis, OFFICE
OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Bernard M. Baker, a state prisoner, seeks to appeal the
district court’s order accepting the recommendation of the
magistrate judge construing Baker’s petition as arising under 28
U.S.C. § 2241 (2000), and denying relief. We have independently
reviewed the record and conclude that Baker has not made a
substantial showing of the denial of a constitutional right. See
Miller-El v. Cockrell, U.S. , 2003 WL 431659, at *10 (U.S.
Feb. 25, 2003) (No. 01-7662). Accordingly, we deny a certificate
of appealability, deny the motion for 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