Samuel Alando Walker v. Earnest R. Sutton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6229
SAMUEL ALANDO WALKER,
Petitioner - Appellant,
versus
EARNEST R. SUTTON,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Fox, Senior
District Judge. (CA-01-277-5-FO)
Submitted: May 16, 2002 Decided: May 23, 2002
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Samuel Alando Walker, 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Unpublished opinions are not binding precedent in this circuit.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).

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PER CURIAM:
Samuel Alando Walker seeks to appeal the district court’s
order denying relief on his petition filed under 28 U.S.C.A. § 2254
(West 1994 & Supp. 2001). 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 certificate of appealability and dismiss the appeal on the
reasoning of the district court concluding that Walker’s claims
that the State withheld evidence of a psychiatric evaluation and
destroyed potentially exculpatory evidence were procedurally barred
and his remaining claims without merit. See Walker v. Sutton, No.
CA-01-277-5-FO (E.D.N.C. Jan. 18, 2002). 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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