Lineberger v. York

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6456

JEFFREY BERNARD LINEBERGER,

Petitioner - Appellant,

versus

MICHAEL YORK, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-01-151)

Submitted: August 28, 2003 Decided: November 25, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeffrey Bernard Lineberger, 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Unpublished opinions are not binding precedent in this circuit.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:

Jeffrey Bernard Lineberger seeks to appeal the district

court’s order denying relief on his petition filed under 28 U.S.C.

§ 2254 (2000). We have independently reviewed the record and

conclude that Lineberger has not made a substantial showing of the

denial of a constitutional right. See Miller-El v. Cockrell, 537

U.S. 322, , 123 S. Ct. 1029, 1039 (2003). Accordingly, we deny

a certificate of appealability and dismiss the appeal. See 28

U.S.C. § 2253(c) (2000). 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