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  • Parker v. State of NC, 4th Cir. (2002)

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    Joel Parker appealed the district court's denial of his petition for a writ of habeas corpus. The United States Court of Appeals for the Fourth Circuit reviewed the record and agreed with the district court's reasoning for denying the petition. Specifically, the Fourth Circuit found that Parker did not make a substantial showing that his constitutional rights were denied. As a result, the Fourth Circuit denied Parker's request for a certificate of appealability and dismissed his appeal.

    Original Description:

    Filed: 2002-12-03 Precedential Status: Non-Precedential Docket: 02-6790

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    Joel Parker appealed the district court's denial of his petition for a writ of habeas corpus. The United States Court of Appeals for the Fourth Circuit reviewed the record and agreed with the district court's reasoning for denying the petition. Specifically, the Fourth Circuit found that Parker did not make a substantial showing that his constitutional rights were denied. As a result, the Fourth Circuit denied Parker's request for a certificate of appealability and dismissed his appeal.

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    4 views2 pages

    Parker v. State of NC, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    Joel Parker appealed the district court's denial of his petition for a writ of habeas corpus. The United States Court of Appeals for the Fourth Circuit reviewed the record and agreed with the district court's reasoning for denying the petition. Specifically, the Fourth Circuit found that Parker did not make a substantial showing that his constitutional rights were denied. As a result, the Fourth Circuit denied Parker's request for a certificate of appealability and dismissed his appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6790

    JOEL PARKER,
    Petitioner - Appellant,
    versus
    STATE OF NORTH CAROLINA; RANDALL LEE,
    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-00-771-HC-5)

    Submitted:

    October 2, 2002

    Decided:

    December 3, 2002

    Before MICHAEL, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joel Parker, 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:
    Joel Parker seeks to appeal the district courts order denying
    relief on his petition filed under 28 U.S.C. 2254 (2000).

    We

    have reviewed the record and the district courts opinion accepting
    the recommendation of the magistrate judge and conclude on the
    reasoning

    of

    the

    district

    court

    that

    Parker

    has

    not

    made

    substantial showing of the denial of a constitutional right.

    See

    Parker v. North Carolina, No. CA-00-771-HC-5 (E.D.N.C. filed Sept.


    18,

    2001;

    entered

    Sept.

    19,

    2001).

    Accordingly,

    we

    deny

    certificate of appealability and dismiss the appeal. See 28 U.S.C.


    2253(c) (2000). 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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