Fincham v. Angelone

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 6, 2002
• Docket: 02-6010
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6010

MICHAEL FINCHAM,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-01-371)

Submitted: May 23, 2002 Decided: June 6, 2002

Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Fincham, Appellant Pro Se. John H. McLees, Jr., 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Unpublished opinions are not binding precedent in this circuit.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:

Michael Fincham appeals the district court’s order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 2001). We have reviewed the record and the district court’s

opinion and find no reversible error. Accordingly, we deny a

certificate of appealability and dismiss the appeal on the

reasoning of the district court. See Fincham v. Angelone, No. CA-

01-371 (E.D. Va. Dec. 12, 2001). Finding no exceptional

circumstances, we further decline to review Fincham’s claims raised

for the first time on appeal. See Muth v. United States, 1 F.3d

246, 250 (4th Cir. 1993). 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