Bender v. Angelone , 53 F. App'x 260 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7177
JAMES EARL BENDER,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.
(CA-01-887-2)
Submitted: December 16, 2002 Decided: December 19, 2002
Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Earl Bender, Appellant Pro Se. Robert H. Anderson, III,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Earl Bender appeals the district court’s order accepting
the recommendation of the magistrate judge and denying relief on
his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed
the record and conclude on the reasoning of the district court that
Bender has not made a substantial showing of the denial of a
constitutional right. See Bender v. Angelone, No. CA-01-887-2 (E.D.
Va. July 24, 2002). Accordingly, we deny a certificate of
appealability and dismiss the appeal. See 28 U.S.C. § 2253(c)
(2000). 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.
DISMISSED
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