Silvestri v. Angelone

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7181
JOSEPH A. SILVESTRI,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director of the Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Raymond A. Jackson, District Judge.
(CA-97-983-2)
Submitted: May 11, 1999 Decided: June 2, 1999
Before ERVIN and TRAXLER, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Joseph A. Silvestri, Appellant Pro Se. Margaret Ann Bullock Walker,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Joseph A. Silvestri seeks to appeal the district court’s order
adopting the report and recommendation of the magistrate judge and
denying relief on his petition filed under 28 U.S.C.A. § 2254 (West
1994 & Supp. 1998). We have reviewed the record and the district
court’s opinion and find no reversible error. Accordingly, we deny
a certificate of appealability and dismiss the appeal on the
reasoning of the district court. Silvestri v. Angelone, No. CA-97-
983-2 (E.D. Va. July 1, 1998). We also deny Silvestri’s motion to
proceed on appeal in forma pauperis. See Dillard v. Liberty Loan
Corp., 626 F.2d 363, 364 (4th Cir. 1980) (quoting Kinney v.
Plymouth Rock Squab Co., 236 U.S. 43, 46 (1915). We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
2