Nunnery v. Freeman ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7062
WAYLON DALE NUNNERY,
Petitioner - Appellant,
versus
FRANKLIN E. FREEMAN, JR.; TOM MARTIN, Warden;
ATTORNEY GENERAL OF NORTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. W. Earl Britt, Senior Dis-
trict Judge. (CA-95-227-5-BR)
Submitted: March 10, 1998 Decided: April 20, 1998
Before WILKINS and HAMILTON, Circuit Judges, and HALL, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Waylon Dale Nunnery, 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Unpublished opinions are not binding precedent in this circuit.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. § 2254 (1994) (current
version at 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997)). We have
reviewed the record and the district court's opinion accepting in
part the recommendation of the magistrate judge and find no revers-
ible error. Accordingly, we deny Appellant's request for appointed
counsel, deny a certificate of probable cause to appeal and dismiss
the appeal. See Lindh v. Murphy, 521 U.S. ___, 65 U.S.L.W. 4557(U.S. June 23, 1997) (No. 96-6298). 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 deci-
sional process.
DISMISSED
2