Shan Carter v. Carlton Joyner, No. 16-14 (4th Cir. 2016)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-14 SHAN EDWARD CARTER, Petitioner - Appellant, v. CARLTON B. JOYNER, Warden, Central Prison,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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. 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

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