John Edward Butler v. Robert Smith

02-6634Court of Appeals for the Fourth CircuitAug 1, 2002

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6634
JOHN EDWARD BUTLER,
Petitioner - Appellant,
versus
ROBERT SMITH; LARRY DAIL,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-01-995-5-BO)
Submitted: July 25, 2002 Decided: August 1, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
John Edward Butler, 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Unpublished opinions are not binding precedent in this circuit.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).

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2
PER CURIAM:
John Edward Butler appeals 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 and find no reversible error. Accordingly, we deny a
certificate of appealability and dismiss the appeal on the
reasoning of the district court. See Butler v. Smith, No. CA-01-
995-5-BO (E.D.N.C. Apr. 2, 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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