Shenkelberger v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-7202 GORDON R. SCHENKELBERGER, Petitioner - Appellant, versus RONALD ANGELONE, Respondent - Appellee. No. 01-7743 GORDON R. SCHENKELBERGER, Petitioner - Appellant, versus RONALD ANGELONE, Respondent - Appellee. Appeals from the United States District Court for the Eastern Dis- trict of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-00-963-AM) Submitted: November 27, 2001 Decided: December 6, 2001 Before WIDENER, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Gordon R. Schenkelberger, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: In these consolidated appeals, Gordon R. Schenkelberger* seeks to appeal the district court’s orders denying relief without prej- udice on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) and denying his Fed. R. Civ. P. 60(b) motion for recon- sideration. We have reviewed the record and the district court’s orders and find no reversible error. Accordingly, we deny a cer- tificate of appealability and dismiss the appeals on the district court’s reasoning that the petition is untimely. Schenkelberger v. Angelone, No. CA-00-963-AM (E.D. Va. filed Aug. 15, 2001 & entered Aug. 16, 2001). Schenkelberger’s motion for appointment of counsel is denied. 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 * Throughout much of the district court record, the Peti- tioner’s name is spelled “Scherkelberger.” In fact, the correct spelling is “Schenkelberger.” 3