James v. Taylor

U.S. Court of Appeals for the Fourth Circuit

James v. Taylor

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7599

ISIAH JAMES, JR.,

Petitioner - Appellant,

versus

P. DOUGLAS TAYLOR, Warden; MICHAEL MOORE, Director; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. G. Ross Anderson, Jr., District Judge. (CA-98-742-0-13BD)

Submitted: January 21, 1999 Decided: February 9, 1999

Before LUTTIG, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Isiah James, Jr., Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Lauri J. Soles, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Isiah James, Jr., appeals the district court’s orders (1) de-

nying relief on his

28 U.S.C. § 2241

(1994) petition, which the

district court properly construed as a petition under

28 U.S.C.A. § 2254

(West 1994 & Supp. 1998), and (2) denying his motion filed

under Fed. R. Civ. P. 59(e). We have reviewed the record, the

district court’s opinion accepting the recommendation of the

magistrate judge to deny relief on the underlying petition, and the

court’s opinion denying James’ Rule 59(e) motion and find no

reversible error. Accordingly, we deny a certificate of appeal-

ability and dismiss the appeal on the reasoning of the district

court. See James v. Taylor, No. CA-98-742-0-13BD (D.S.C. Aug. 18

& Sept. 29, 1998). We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

2

Reference

Status
Unpublished