103 F3d 116 Cabey v. E Freeman

103 F.3d 116

Richard Edward CABEY, Petitioner-Appellant,
v.
Franklin E. FREEMAN, Jr.; Department of Corrections,
Respondents-Appellees.

No. 96-6486.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 24, 1996.
Decided Dec. 12, 1996.

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Richard Edward Cabey, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

E.D.N.C.

DISMISSED.

Before NIEMEYER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

PER CURIAM:

1

Appellant seeks to appeal the district court's order denying relief on his petition for relief under 28 U.S.C. § 2254 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal; to the extent that a certificate of appealability is required, we deny such a certificate and dismiss the appeal on the reasoning of the district court. Cabey v. Freeman, No. CA-95-224-5 (E.D.N.C. Mar. 1, 1996). 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.

2

DISMISSED.