UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-8099
TERRENCE AGNEW,
Petitioner - Appellant,
versus
DAVID A. GARRAGHTY,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-01-1743-AM)
Submitted: May 20, 2002 Decided: June 3, 2002
Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Terrence Agnew, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terrence Agnew seeks to appeal the district court’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 district
court’s opinion and find no reversible error. Accordingly, we deny
the motion to proceed on appeal in forma pauperis, we deny a
certificate of appealability and dismiss the appeal on the
reasoning of the district court.* See Agnew v. Garraghty, No. CA-
01-1743-AM (E.D. Va. Nov. 27, 2001). 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
*
Additionally, we find the district court’s sua sponte
dismissal of Agnew’s petition does not implicate Hill v. Braxton,
277 F.3d 701, 707 (4th Cir. 2002), as Agnew failed to offer a valid
basis that would justify either reliance on a later starting point
in 28 U.S.C.A. § 2244(d)(1) (West Supp. 2001), or equitable
tolling, thereby salvaging his otherwise untimely petition.
2