Herbert v. Waters

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6886 NORMAN PERRY HERBERT, Petitioner - Appellant, versus LLOYD WATERS, Warden; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (CA- 01-2713-JFM) Submitted: September 5, 2002 Decided: September 17, 2002 Before WILKINS, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Norman Perry Herbert, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Mary Ann Rapp Ince, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Norman Perry Herbert appeals the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and the district court's opinion and conclude on the reasoning of the district court that Herbert has not made a substantial showing of the denial of a constitutional right. See Herbert v. Waters, No. CA-01-2713-JFM (D. Md. June 3, 2002). 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 2