US v. Jonathan D. Davey

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to toll defendant's AEDPA deadline until appeal of order is complete. [1000020668-2] Originating case number: 3:12-cr-00068-RJC-DSC-1 Copies to all parties and the district court/agency. [1000111616]. Mailed to: Jonathan D. Davey. [17-6154]

Appeal: 17-6154

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Filed: 07/05/2017

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6154

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JONATHAN D. DAVEY,
Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte. David S. Cayer, Magistrate Judge. (3:12-cr-00068-RJC-DSC-1)

Submitted: June 29, 2017

Decided: July 5, 2017

Before TRAXLER, KING, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jonathan D. Davey, Appellant Pro Se. Benjamin Bain-Creed, OFFICE OF THE
UNITED STATES ATTORNEY, Anthony Joseph Enright, Assistant United States
Attorney, Charlotte, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 17-6154

Doc: 13

Filed: 07/05/2017

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PER CURIAM:
Jonathan D. Davey appeals the district court’s text order of January 23, 2017
denying his motion to compel former counsel to surrender his case file.

We have

reviewed the record and find no reversible error. Accordingly, we affirm for the reasons
stated by the district court. United States v. Davey, No. 3:12-cr-00068-RJC-DSC-1
(W.D.N.C. Jan. 23, 2017). We deny Davey’s motion to toll his habeas filing deadline
and 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.
AFFIRMED

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