King v. Smith

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-8101

TIMOTHY ROYAL KING,

Petitioner - Appellant,

versus

ROBERT SMITH, Superintendent; ATTORNEY GENERAL OF NORTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, Senior District Judge. (CA-01-440-5-BR)

Submitted: March 21, 2002 Decided: March 28, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Timothy Royal King, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Timothy Royal King appeals the district court’s order denying

his motion for reconsideration of the court’s order denying relief

on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.

2001). We have reviewed the record and the district court’s

opinion and find no abuse of discretion. Accordingly, we deny a

certificate of appealability and dismiss the appeal on the

reasoning of the district court. See King v. Smith, No. CA-01-440-

5-BR (E.D.N.C. Oct. 30, 2001).* 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 note that King’s appeal is timely only as to the district court’s order denying reconsideration, and not as to the underlying order denying the petition. See Fed. R. App. P. 4(a)(4); In re Burnley, 988 F.2d 1, 3 (4th Cir. 1992).