Blackwell v. Smith

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7627 CLIFFORD ADAM BLACKWELL, Plaintiff - Appellant, versus RAYMOND SMITH, Superintendent, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Russell A. Eliason, Magistrate Judge. (CA-02-141-1) Submitted: March 14, 2003 Decided: March 27, 2003 Before WIDENER, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Clifford Adam Blackwell, 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 Unpublished opinions are not binding precedent in this circuit.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: Clifford Adam Blackwell seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000).* We have independently reviewed the record and conclude that Blackwell has not made a substantial showing of the denial of a constitutional right. See Miller-El v. Cockrell, U.S. , 2003 WL 431659, at *10 (U.S. Feb. 25, 2003) (No. 01-7662). Accordingly, we deny Blackwell’s motion for a certificate of appealability, deny leave to proceed in forma pauperis, 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 * The parties consented to the magistrate judge’s jurisdiction pursuant to 28 U.S.C. § 636(c) (2000). 2