Shan Carter v. Carlton Joyner


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999898620-2]. Originating case number: 5:16-hc-02107-D. Copies to all parties and the district court. [999990513]. Mailed to: Shan Carter. [16-6996]

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Appeal: 16-6996 Doc: 11 Filed: 12/20/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6996 SHAN EDWARD CARTER, Petitioner – Appellant, v. CARLTON JOYNER, Carolina, Warden, Central Prison, Raleigh, North 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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 16-6996 Doc: 11 Filed: 12/20/2016 Pg: 2 of 2 PER CURIAM: Shan Edward Carter appeals the district court’s order dismissing without prejudice Carter’s motion to appoint counsel for his 28 U.S.C. § 2254 (2012) petition that had not yet been filed. We error. have reviewed the record and find no reversible 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 before contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 2

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