Ernest Richard Tatum v. North Carolina Attorney General Mickey Ray, Warden, F.C.I. Estill , 104 F.3d 359 ( 1996 )

104 F.3d 359

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Ernest Richard TATUM, Petitioner-Appellant,
v.
NORTH CAROLINA ATTORNEY GENERAL; Mickey Ray, Warden, F.C.I.
Estill, Respondents-Appellees.

No. 96-7168.

United States Court of Appeals, Fourth Circuit.

Submitted Dec. 12, 1996.
Decided Dec. 19, 1996.

Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. William L. Osteen, Sr., District Judge. (CA-96-36-6)

Ernest Richard Tatum, Appellant Pro Se. Clarence Joe Delforge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

M.D.N.C.

DISMISSED.

Before MURNAGHAN, NIEMEYER, and LUTTIG, Circuit Judges.

PER CURIAM:

1

Appellant appeals the district court's order denying relief on his petition filed under 28 U.S.C. § 2254 (1994), amended by Anti-terrorism 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 accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Tatum v. North Carolina Attorney Gen., No. CA-96-36-6 (M.D.N.C. July 10, 1996). 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.

2

DISMISSED.