DocketNumber: 02-7074
Filed Date: 10/16/2002
Status: Non-Precedential
Modified Date: 4/18/2021
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7074 ROUNTREE RILEY GOODMON, Petitioner - Appellant, versus HOWARD PAINTER, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph Robert Goodwin, District Judge. (CA-99-130-3) Submitted: September 27, 2002 Decided: October 16, 2002 Before MOTZ, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Rountree Riley Goodmon, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Rountree Riley Goodmon appeals the district court’s order denying relief on his petition filed under28 U.S.C. § 2254
(2000). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and conclude that Goodmon’s claims are subject to dismissal because he failed to seek authorization in this court pursuant to28 U.S.C. § 2244
(b)(3)(A) (2000), prior to filing his successive petition in the district court. Tyler v. Cain,533 U.S. 656
, 667 (2001). Accordingly, we deny a certificate of appealability and dismiss the appeal. 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