Truesdale v. Smith

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 1, 2005
• Docket: 03-7898
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-7898

ALVIN B. TRUESDALE,

Petitioner - Appellant,

versus

JOSEPH V. SMITH, Warden; UNITED STATES PAROLE COMMISSION,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Anderson. David C. Norton, District Judge. (CA-03-2239-8-18-BI)

Submitted: January 27, 2005 Decided: February 1, 2005

Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Alvin B. Truesdale, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Alvin B. Truesdale appeals from the district court’s

orders granting his motion for voluntary dismissal and dismissing,

without prejudice, his action in which he sought to have the

district court direct the United States Parole Commission to

determine that he was eligible for parole. 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 Truesdale’s motion for appointment of

counsel and his motion to place his appeal brief under seal and

affirm for the reasons stated by the district court. See

Truesdale v. Smith, No. CA-03-2239-8-18-BI (D.S.C. Nov. 20, 2003;

Dec. 17, 2004). 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.

AFFIRMED

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