Tankard v. Bassett

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7833 JULIUS TANKARD, Petitioner - Appellant, versus K. J. BASSETT, Warden, Keen Mountain Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Gerald Bruce Lee, District Judge. (CA-04-641-1) Submitted: February 24, 2005 Decided: March 8, 2005 Before NIEMEYER, WILLIAMS, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Julius Tankard, Appellant Pro Se. Stephen R. McCullough, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Julius Tankard seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have reviewed the record and conclude on the reasoning of the district court that Tankard has not made a substantial showing of the denial of a constitutional right. See Tankard v. Bassett, No. CA-04-641-1 (E.D. Va. Oct. 26, 2004). 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 - 2 -