Cox v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7323 KEVIN EARNEST COX, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. James E. Bradberry, Magistrate Judge. (CA-00-778-2) Submitted: October 24, 2001 Decided: November 13, 2001 Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Kevin Earnest Cox, Appellant Pro Se. Stephen R. McCullough, Assis- tant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Kevin Earnest Cox seeks to appeal the magistrate judge’s* order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We have reviewed the record and the mag- istrate judge’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the magistrate judge. See Cox v. Angelone, No. CA-00-778-2 (E.D. Va. July 11, 2001). We dispense with oral argu- ment because the facts and legal contentions are adequately pre- sented in the materials before the court and argument would not aid the decisional process. DISMISSED * Pursuant to 28 U.S.C. § 636(c) (1994), Cox waived his right to proceed before a United States district judge and consented to have a United States magistrate judge conduct all proceedings in this case. 2