UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7074
ROUNTREE RILEY GOODMON,
Petitioner - Appellant,
versus
HOWARD PAINTER,
Respondent - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Joseph Robert Goodwin,
District Judge. (CA-99-130-3)
Submitted: September 27, 2002 Decided: October 16, 2002
Before MOTZ, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rountree Riley Goodmon, Appellant Pro Se. Dawn Ellen Warfield,
OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rountree Riley Goodmon appeals the district court’s order
denying relief on his petition filed under 28 U.S.C. § 2254 (2000).
We have reviewed the record and the district court’s opinion
accepting the recommendation of the magistrate judge and conclude
that Goodmon’s claims are subject to dismissal because he failed to
seek authorization in this court pursuant to 28 U.S.C. §
2244(b)(3)(A) (2000), prior to filing his successive petition in
the district court. Tyler v. Cain, 533 U.S. 656, 667 (2001).
Accordingly, we deny 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