ON PETITION FOR REHEARING
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7907
EUGENE C. NICHOLAS,
Petitioner - Appellant,
versus
RONALD J. ANGELONE, Director, Virginia
Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Robert G. Doumar, Senior District
Judge. (CA-00-493-2)
Submitted: July 26, 2002 Decided: August 7, 2002
Before WIDENER, LUTTIG, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eugene C. Nicholas, Appellant Pro Se. Linwood Theodore Wells, Jr.,
Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eugene C. Nicholas appeals the district court’s order denying
relief on his petition filed under 28 U.S.C. § 2254 (2000).
Although we initially dismissed this appeal as untimely, we granted
Nicholas’ rehearing petition and have now considered the appeal on
the merits. We have reviewed the record and the district court’s
opinion accepting the recommendation of the magistrate judge and
find no reversible error. Accordingly, we deny a certificate of
appealability and dismiss the appeal on the reasoning of the
district court. See Nicholas v. Angelone, No. CA-00-493-2 (E.D.
Va. Sept. 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
2