DeCarlo v. NC Attorney General

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6245 THOMAS REID DECARLO, Petitioner - Appellant, versus NORTH CAROLINA ATTORNEY GENERAL; NORTH CARO- LINA DEPARTMENT OF CORRECTION; TILLERY CORREC- TIONAL INSTITUTION; J. WILLIAMS, Respondents - Appellees. Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. Frank W. Bullock, Jr., Chief District Judge. (CA-97-1139-1) Submitted: July 22, 1998 Decided: August 6, 1998 Before ERVIN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Thomas Reid DeCarlo, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Thomas Reid DeCarlo seeks to appeal the district court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certif- icate of appealability and dismiss the appeal on the reasoning of the district court. DeCarlo v. North Carolina Attorney General, No. CA-97-1139-1 (M.D.N.C. Jan. 28, 1998). 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