Kelly v. Martin ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6082
LEONARD RICKY KELLY,
Petitioner - Appellant,
versus
TOM MARTIN, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-95-103-5-HC-H)
Submitted: January 9, 1997 Decided: January 21, 1997
Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Leonard Ricky Kelly, 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Unpublished opinions are not binding precedent in this circuit.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:
Leonard Ricky Kelly seeks to appeal the district court's order
denying relief on his petition filed under 28 U.S.C. § 2254 (1994),
amended by Antiterrorism and Effective Death Penalty Act of 1996,
Pub. L. No. 104-132, 110 Stat. 1214. We have reviewed the record
and the district court's opinion and find no reversible error.
Accordingly, we deny a certificate of probable cause to appeal; to
the extent that a certificate of appealability is required, we deny
such a certificate. We dismiss the appeal on the reasoning of the
district court. Kelly v. Martin, No. CA-95-103-5-HC-H (E.D.N.C.
Dec. 12, 1995).* 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
*
We also deny as moot Kelly's motion entitled "Mandamus
Motion to Compel" which seeks to compel the district court to rule
on a Fed. R. Civ. P. 60(b) motion.
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