Rodriguez v. Angelone

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7194 JOSE JUAN RODRIGUEZ, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. No. 02-7559 JOSE JUAN RODRIGUEZ, Petitioner - Appellant, versus RONALD J. ANGELONE, Director of the Virginia Department of Corrections, Respondent - Appellee. Appeals from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-01-900-2) Submitted: March 18, 2003 Decided: March 26, 2003 Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Jose Juan Rodriguez, Appellant Pro Se. Leah Ann Darron, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). 2 PER CURIAM: Jose Juan Rodriguez seeks to appeal the district court’s order accepting the magistrate judge’s recommendation to deny relief on his 28 U.S.C. § 2254 (2000) petition, as well as the court’s order denying reconsideration. We have independently reviewed the record and conclude that Rodriguez has not demonstrated that reasonable jurists would find the district court’s assessment of his constitutional claims, or the court’s procedural rulings, debatable or wrong. See Miller-El v. Cockrell, U.S. , 2003 WL 431659, at *10 (U.S. Feb. 25, 2003) (No. 01-7662); see also Slack v. McDaniel, 529 U.S. 473, 484 (2000). Accordingly, we deny a certificate of appealability and dismiss these appeals. 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 3