Arroyo v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7191 TOMAS RAFEAL ARROYO, JR., Petitioner - Appellant, versus RONALD J. ANGELONE, Director,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 Richmond. James R. Spencer, District Judge. (CA-01-534-3) Submitted: October 10, 2002 Decided: October 21, 2002 Before WILLIAMS, KING, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Tomas Rafeal Arroyo, Jr., Appellant Pro Se. Hazel Elizabeth Shaffer, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Tomas Rafeal Arroyo, Jr., seeks to appeal the district court’s order denying as untimely his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and the district court’s opinion and dismiss for the reasons stated by the district court. See Arroyo v. Angelone, No. CA-01-534-3 (E.D. Va. July 12, 2002). We deny a certificate of appealability. See 28 U.S.C. § 2253(c) (2000). 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