John James Schmidt v. RONALD J. ANGELONE, Director, Virginia Department of Corrections

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7630
JOHN JAMES SCHMIDT,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director, Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CA-01-861-2)
Submitted: March 14, 2003 Decided: March 25, 2003
Before WIDENER, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
David Bernard Hargett, HARGETT & WATSON, P.L.C., Richmond,
Virginia, for Appellant. Steven Andrew Witmer, OFFICE OF THE
ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
John James Schmidt seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying
relief on his petition filed under 28 U.S.C. § 2254 (2000). We have
independently reviewed the record and conclude that Schmidt has not
made a substantial showing of the denial of a constitutional right.
See Miller-El v. Cockrell, U.S. , 2003 WL 431659, at *10
(U.S. Feb. 25, 2003) (No. 01-7662). Accordingly, we deny a
certificate of appealability and dismiss the appeal. See 28 U.S.C.
§ 2253(c) (2000). 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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