Timothy Royal King v. ROBERT SMITH, Superintendent

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8101
TIMOTHY ROYAL KING,
Petitioner - Appellant,
versus
ROBERT SMITH, Superintendent; ATTORNEY GENERAL
OF NORTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (CA-01-440-5-BR)
Submitted: March 21, 2002 Decided: March 28, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Timothy Royal King, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* We note that King’s appeal is timely only as to the district
court’s order denying reconsideration, and not as to the underlying
order denying the petition. See Fed. R. App. P. 4(a)(4); In re
Burnley, 988 F.2d 1, 3 (4th Cir. 1992).
2
PER CURIAM:
Timothy Royal King appeals the district court’s order denying
his motion for reconsideration of the 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 abuse of discretion. Accordingly, we deny a
certificate of appealability and dismiss the appeal on the
reasoning of the district court. See King v. Smith, No. CA-01-440-
5-BR (E.D.N.C. Oct. 30, 2001). * 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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