McClurkin v. Condon, (4th Cir. 2001)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-7454 JAMES ROBERT MCCLURKIN, Petitioner - Appellant, versus

CHARLIE CONDON, Attorney General of South

Carolina, Respondent - Appellee. Appeal from the United States District Court for the District of

South Carolina, at Charleston. David C. Norton, District Judge.

(CA-01-836-2-18AJ)

Submitted: October 18, 2001 Decided: October 30, 2001

Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

James Robert McClurkin, Appellant Pro Se. Donald John Zelenka,

Chief Deputy Attorney General, William Edgar Salter, III, OFFICE OF

THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

James Robert McClurkin appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 4 & Supp. 2001). We have reviewed the record and the district court’s opinion accepting the magistrate judge’s recommendation and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See McClurkin v. Condon , No. CA-01-836-2-18AJ (D.S.C. July 16, 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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