Shan Carter v. Carlton Joyner

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:16-hc-02108-D. Copies to all parties and the district court. [999929115]. Mailed to: Shan Carter. [16-14]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-14

SHAN EDWARD CARTER,
Petitioner - Appellant,
v.
CARLTON B. 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-02108-D)

Submitted:

September 6, 2016

Decided:

September 14, 2016

Before GREGORY, Chief Judge, and WILKINSON and NIEMEYER, Circuit
Judges.

Affirmed by unpublished per curiam opinion.

Shan Edward Carter, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Shan

Edward

dismissing

Carter

without

Defendant’s

Intent

appeals

prejudice
to

the

Carter's

Request

district

court’s

“Memorandum

Appointment

of

of

order
Pro

Se

Independent,

qualified ‘Martinez’ counsel pursuant to 18 U.S.C. § 3599(b)
thru (d).”

The district court dismissed the action as premature

after Carter confirmed that he did not wish to file a federal
habeas corpus petition and had not exhausted his state court
remedies.
error.

We have reviewed the record and find no reversible
Accordingly, we affirm for the reasons stated by the

district court.

Carter v. Joyner, No. 5:16-hc-02108-D (E.D.N.C.

June 28, 2016).
facts

and

materials

legal
before

We dispense with oral argument because the
contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
AFFIRMED

2