Simpson v. Attorney General NC ( 1998 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 97-7687
    JAMES LEON SIMPSON,
    Petitioner - Appellant,
    versus
    ATTORNEY GENERAL OF NORTH CAROLINA; RAYMOND
    SMITH, Superintendent,
    Respondents - Appellees.
    Appeal from the United States District Court for the Middle Dis-
    trict of North Carolina, at Winston-Salem. James A. Beaty, Jr.,
    District Judge. (CA-97-129-6)
    Submitted:   March 26, 1998                  Decided:   April 7, 1998
    Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    James Leon Simpson, 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    Unpublished opinions are not binding precedent in this circuit.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:
    Appellant seeks to appeal the district court's order denying
    relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &
    Supp. 1997). To the extent that Appellant raises issues for the
    first time on appeal, we decline to address the issues. See Muth v.
    United States, 
    1 F.3d 246
    , 250 (4th Cir. 1993). Regarding Appel-
    lant's challenges to the in-court identifications of him, his
    claims of ineffective assistance of counsel, and his challenges to
    the correction of his sentence, we have reviewed the record and the
    district court's opinion accepting the recommendation of the magis-
    trate judge and find no reversible error. Accordingly, we deny a
    certificate of appealability and dismiss the appeal on the reason-
    ing of the district court. Simpson v. Attorney General of North
    Carolina, No. CA-97-129-6 (M.D.N.C. Nov. 4, 1997). We dispense with
    oral argument because the facts and legal contentions are adequate-
    ly presented in the materials before the court and argument would
    not aid the decisional process.
    DISMISSED
    2
    

Document Info

Docket Number: 97-7687

Filed Date: 4/7/1998

Precedential Status: Non-Precedential

Modified Date: 4/17/2021