Smith v. Warden, Nottoway Correctional Center

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7122 THOMAS EARL SMITH, Petitioner - Appellant, versus WARDEN, Nottoway Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CA-00-166-AM) Submitted: December 20, 2000 Decided: January 26, 2001 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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). PER CURIAM: Thomas Earl Smith seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis, deny a certificate of appeal- ability, and dismiss the appeal on the reasoning of the district court. Smith v. Warden, Nottoway Corr. Ctr., No. CA-00-166-AM (E.D. Va. July 20, 2000). 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 2