Alston v. Bumgarner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7651 DAVID CHARLES ALSTON, Petitioner - Appellant, versus MICHAEL E. BUMGARNER, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-99-751-5-H) Submitted: January 18, 2001 Decided: January 25, 2001 Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Charles Alston, 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 Unpublished opinions are not binding precedent in this circuit.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: David Charles Alston seeks to appeal the district court’s orders denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000) and his motion for reconsideration. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny Alston’s motion for appointment of counsel on appeal, deny a certificate of appeal- ability, and dismiss the appeal on the reasoning of the district court. See Alston v. Bumgarner, No. CA-99-751-5-H (E.D.N.C. Sep. 19; Nov. 8, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process. DISMISSED 2