Gilmore v. North Carolina Department of Correction

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6901 JOHNATHAN M. GILMORE, Petitioner - Appellant, versus NORTH CAROLINA DEPARTMENT OF CORRECTION; MICHAEL T. W. BELL, Respondents - Appellees. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-99-434-5-H) Submitted: December 20, 2000 Decided: January 8, 2001 Before WILLIAMS, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Johnathan M. Gilmore, Appellant Pro Se. 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 Unpublished opinions are not binding precedent in this circuit.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: Johnathan M. Gilmore 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 dis- trict court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Gilmore v. North Carolina Dep’t of Corr., No. CA-99-434-5-H (E.D.N.C. June 13, 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 2