UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 16-6996

SHAN EDWARD CARTER,

Petitioner – Appellant,

v.

CARLTON JOYNER, Warden, Central Prison, Raleigh, North Carolina,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:16-hc-02107-D)

Submitted: December 15, 2016 Decided: December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shan Edward Carter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Shan Edward Carter appeals the district court’s order

dismissing without prejudice Carter’s motion to appoint counsel

for his

(2012) petition that had not yet been

filed. We have reviewed the record and find no reversible

error. Accordingly, we deny leave to proceed in forma pauperis

and dismiss the appeal for the reasons stated by the district

court. Carter v. Joyner, No. 5:16-hc-02107-D (E.D.N.C. June 28,

2016). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials

before this court and argument would not aid the decisional

process.

DISMISSED

2