Mayengo v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6220 SZUNA S. MAYENGO, Petitioner - Appellant, versus RONALD J. ANGELONE, Director, Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-01-1597-AM) Submitted: April 25, 2002 Decided: May 8, 2002 Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Szuna S. Mayengo, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Szuna S. Mayengo appeals the district court’s order denying his 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) petition as untimely filed. We have reviewed the record, the district court’s opinion, and Mayengo’s informal appellate brief. Because Mayengo failed to challenge on appeal the basis for the district court’s ruling, he has not preserved this issue for our review. 4th Cir. R. 34(b). In any event, it is clear that the district court correctly found Mayengo’s § 2254 petition untimely. Accordingly, we deny Mayengo’s motions to proceed in forma pauperis and for a certificate of appealability, and dismiss the appeal. 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 2