Seward v. Angelone ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7238
GENE W. SEWARD,
Petitioner - Appellant,
versus
RONALD ANGELONE, Director, Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CA-99-2129-2)
Submitted: December 14, 2000 Decided: December 20, 2000
Before WIDENER, WILKINS, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gene W. Seward, Appellant Pro Se. Linwood Theodore Wells, Jr.,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gene W. Seward appeals the district court’s order denying
relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &
Supp. 2000). We have reviewed the record and the district court’s
opinion accepting the recommendation of the magistrate judge and
find no reversible error. Accordingly, we deny a certificate of
appealability and dismiss the appeal on the reasoning of the
district court. See Seward v. Angelone, No. CA-99-2129-2 (E.D. Va.
Aug. 4, 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
*
We note Seward’s contention on appeal that he has been im-
properly denied parole eligibility for a criminal conviction
preceding his third felony conviction. Because this contention is
improperly raised for the first time on appeal, we decline to
address it. See Muth v. United States, 1 F.3d 246, 250 (4th Cir.
1993).
2