Treece v. North Carolina Attroney General

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6945 JAMES EVERETTE TREECE, JR., Petitioner - Appellant, versus NORTH CAROLINA ATTORNEY GENERAL; NORTH CARO- LINA DEPARTMENT OF CORRECTIONS; SUPERINTENDENT OF BROWN CREEK CORRECTIONAL FACILITY, Respondents - Appellees. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. Frank W. Bullock, Jr., District Judge. (CA-99-491-1) Submitted: November 30, 2000 Decided: January 5, 2001 Before WILKINS, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Henry Turner Drake, DRAKE & PLEASANT, Marshville, North Carolina, for Appellant. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: James Everette Treece, Jr., seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion accepting the recommen- dation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Treece v. At- torney General, No. CA-99-491 (M.D.N.C. June 14, 2000). We dis- pense 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 2