Thomas Earl Smith v. Warden, Nottoway Correctional Center

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6110
THOMAS EARL SMITH,
Petitioner - Appellant,
versus
WARDEN, NOTTOWAY CORRECTIONAL CENTER,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Chief
District Judge. (CA-00-1240-AM)
Submitted: June 11, 2002 Decided: August 5, 2002
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Earl Smith, 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Unpublished opinions are not binding precedent in this circuit.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).

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PER CURIAM:
Thomas Earl Smith seeks to appeal portions of the district
court’s order denying relief on his petition filed under 28
U.S.C.A. § 2254 (West 1994 & Supp. 2001). Specifically, Smith
challenges the denial of his claim that counsel was ineffective for
failing to preserve for appeal a claim that the prosecution
introduced irrelevant evidence and a claim that his conviction was
obtained by prosecutorial misconduct. 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. See Smith v. Warden,
Nottoway Corr. Ctr., No. CA-00-1240-AM (E.D. Va. filed Dec. 10,
2001 & entered Dec. 11, 2001). 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

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