Martin v. Beck

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 6, 2003
• Docket: 02-7514
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7514

WILLARD LEE MARTIN, JR.,

Petitioner - Appellant,

versus

THEODIS BECK, Secretary of the North Carolina Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Wallace Wade Dixon, Magistrate Judge. (CA-02-189-1)

Submitted: December 19, 2002 Decided: January 6, 2003

Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

J. Phillip Griffin, NORTH CAROLINA PRISONER LEGAL SERVICES, INC., Raleigh, North Carolina, for Appellant. 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Unpublished opinions are not binding precedent in this circuit.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:

Willard Lee Martin seeks to appeal the magistrate judge’s

order denying relief on his motion filed under 28 U.S.C. § 2254

(2000).* We have reviewed the record and conclude for the reasons

stated by the magistrate judge that Martin has not made a

substantial showing of the denial of a constitutional right. See

Martin v. Beck, No. CA-02-189-1 (M.D.N.C., filed Aug. 30, 2002;

entered Sept. 3, 2002). Accordingly, we deny a certificate of

appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)

(2000). We deny leave to proceed in forma pauperis on appeal. 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

* The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (2000).