Jerry Lynn High, Plaintiff-appellant, v. United States of America, Defendant-appellee, 974 F.2d 1331 (4th Cir. 1992)
Annotate this CaseAppeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-91-855-CRT-H)
Jerry Lynn High, Appellant Pro Se.
E.D.N.C.
AFFIRMED.
Before PHILLIPS, MURNAGHAN, and SPROUSE, Circuit Judges.
PER CURIAM:
OPINION
Jerry Lynn High appeals from the district court's order which construed his 42 U.S.C. § 1983 (1988) action as a petition for habeas corpus under 28 U.S.C. § 2254 (1988) and dismissed the petition as frivolous under 28 U.S.C. § 1915(d) (1988). Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm the district court's dismissal of High's petition. High v. United States, No. CA-91-855-CRT-H (E.D.N.C. Jan. 30, 1992). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.*
AFFIRMED
We deny High's motion for appointment of counsel. See Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984)
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