Phillips v. Angelone ( 2003 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7512
DONALD LEE PHILLIPS,
Petitioner - Appellant,
versus
RONALD J. ANGELONE,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, District Judge.
(CA-01-714)
Submitted: December 19, 2002 Decided: January 6, 2003
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Donald Lee Phillips, 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Unpublished opinions are not binding precedent in this circuit.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:
Donald Lee Phillips seeks to appeal the district court’s order
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 Phillips has not made a substantial showing of
the denial of a constitutional right. See Phillips v. Angelone,
No. CA-01-714 (W.D. Va. Sept. 17, 2002). Accordingly, we deny a
certificate of appealability and dismiss the appeal. See 28 U.S.C.
§ 2253(c) (2000). We further deny Phillips’ motion for the
appointment of counsel. 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
2