McClain v. Bell

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6387 VICTOR J. MCCLAIN, Petitioner - Appellant, versus MICHAEL T. BELL, Respondent - Appellee.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-00-30-5-H) Submitted: July 31, 2001 Decided: September 5, 2001 Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Victor J. McClain, 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 Unpublished opinions are not binding precedent in this circuit.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: Victor J. McClain appeals 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 and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeal on the reasoning of the district court. See McClain v. Bell, No. CA-00-30-5-H (E.D.N.C. Feb. 26, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the ma- terials before the court and argument would not aid the decisional process. DISMISSED 2