O'Neal v. Director, Department of Corrections

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6602 GARY ROBERT O’NEAL, Petitioner - Appellant, versus DIRECTOR, DEPARTMENT OF CORRECTIONS, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-01-363-7) Submitted: July 18, 2002 Decided: July 24, 2002 Before WIDENER, LUTTIG, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Gary Robert O’Neal, Appellant Pro Se. Richard Carson Vorhis, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Gary Robert O’ Neal 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 a certificate of appealability and dismiss the appeal on the reasoning of the district court. See O’Neal v. Director, Dep’t of Corr., No. CA-01-363-7 (W.D. Va. Apr. 1, 2002). We deny O’Neal’s motion for appointment of counsel on 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