Michael Allen v. JOHN TAYLOR, Warden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7950
MICHAEL ALLEN,
Petitioner - Appellant,
versus
JOHN TAYLOR, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge; David G. Lowe, Magistrate Judge. (CA-00-117-3)
Submitted: February 21, 2002 Decided: March 6, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Allen, Appellant Pro Se. Stephen R. McCullough, Assistant
Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* The parties consented to proceed before a magistrate judge
pursuant to 28 U.S.C.A. § 636(c) (West 1993 & Supp. 2001).
2
PER CURIAM:
Michael Allen appeals the magistrate judge’s * order dismissing
his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.
2001) because the relief sought in the petition, a belated appeal
to a three-judge panel of the Virginia Court of Appeals, had been
awarded to Allen. We have reviewed the record and the magistrate
judge’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. See Allen v. Taylor, CA-00-117-3
(E.D. Va. Oct. 23, 2001). We dispense with oral argument because
the facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
DISMISSED

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