UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6456
JEFFREY BERNARD LINEBERGER,
Petitioner - Appellant,
versus
MICHAEL YORK, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-01-151)
Submitted: August 28, 2003 Decided: November 25, 2003
Before WILLIAMS, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey Bernard Lineberger, 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Unpublished opinions are not binding precedent in this circuit.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:
Jeffrey Bernard Lineberger seeks to appeal the district
court’s order denying relief on his petition filed under 28 U.S.C.
§ 2254 (2000). We have independently reviewed the record and
conclude that Lineberger has not made a substantial showing of the
denial of a constitutional right. See Miller-El v. Cockrell, 537
U.S. 322, , 123 S. Ct. 1029, 1039 (2003). 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
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