Richards v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7028 MARK E. RICHARDS, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-01-176-3) Submitted: November 7, 2002 Decided: November 26, 2002 Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Mark E. Richards, 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 Unpublished opinions are not binding precedent in this circuit.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: Mark E. Richards, a state prisoner, seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000).* We have reviewed the record and conclude in part for the reasons stated by the magistrate judge that Richards has not made a substantial showing of the denial of a constitutional right. See Richards v. Angelone, CA-01-176-3 (E.D. Va. June 27, 2002). We further find Richards’ claims regarding his parole revocation hearing were barred by the one year limitations period. See 28 U.S.C. § 2244(d) (2000); Crawley v. Cato, 257 F.3d 395, 399 (4th Cir. 2001), cert. denied, 122 S. Ct. 811 (2002). Accordingly, we deny a certificate of appealability and dismiss the appeal. 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 * By consent of the parties, the decision below was rendered by a magistrate judge. See 28 U.S.C. § 636(c) (2000). 2