Ellison v. Angelone

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 8, 2002
• Docket: 01-8044
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 01-8044

SHANE L. ELLISON,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CA-01-751-AM)

Submitted: September 25, 2002 Decided: October 8, 2002

Before WIDENER, NIEMEYER, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Shane L. Ellison, Appellant Pro Se. Steven Andrew Witmer, 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Unpublished opinions are not binding precedent in this circuit.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:

Shane L. Ellison 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 the district court’s opinion and

conclude on the reasoning of the district court that Ellison has

not made a substantial showing of the denial of a constitutional

right. See Ellison v. Angelone, No. CA-01-751-AM (E.D. Va. Nov. 8,

2001). Accordingly, we deny a certificate of appealability and

dismiss the appeal. See 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