UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-7232
MCDONALD WILLIAMS,
Plaintiff - Appellant,
versus
VANCE COUNTY JUDICIAL SYSTEM; ROBERT H.
HABGOOD; KERMIT W. ELLIS; WILLIAM W. NOEL,
III; NORMAN THORP,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
District Judge. (CA-04-290-5-H)
Submitted: November 4, 2004 Decided: November 10, 2004
Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
McDonald Williams, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
McDonald Williams appeals the district court’s judgment
summarily dismissing without prejudice his complaint filed under 42
U.S.C. § 1983 (2000). The district court properly noted that
Williams was seeking relief only available under 28 U.S.C. § 2254
(2000). The court further properly noted Williams failed to seek
authorization from this court for such a petition. On appeal,
Williams fails to challenge the district court’s findings in this
regard. We have reviewed the record and find the appeal frivolous.
Accordingly, we dismiss the appeal as frivolous. 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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