Walker v. Jackson

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 13, 2003
• Docket: 02-7631
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7631

TONY ALLEN WALKER,

Petitioner - Appellant,

versus

RICK JACKSON, Superintendent,

Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Chief District Judge. (CA-95-690-2)

Submitted: March 6, 2003 Decided: March 13, 2003

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tony Allen Walker, 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Unpublished opinions are not binding precedent in this circuit.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:

Tony Allen Walker 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 Walker

has not made a substantial showing of the denial of a

constitutional right. See Miller-El v. Cockrell, U.S. , 2003

WL 431659 (U.S. Feb. 25, 2003) (No. 01-7662), at *10. In addition,

because extraordinary circumstances are not present in this case,

we decline to consider claims raised for the first time on appeal.

See Muth v. United States, 1 F.3d 246, 250 (4th Cir. 1993).

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