Gooden v. Braxton

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 28, 2003
• Docket: 03-6101
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 03-6101

ARTHUR LEE GOODEN, II,

Petitioner - Appellant,

versus

D. A. BRAXTON, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (CA-01-666-7)

Submitted: February 20, 2003 Decided: February 28, 2003

Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Arthur Lee Gooden, II, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Arthur Lee Gooden, II, seeks to appeal the district court’s

orders denying relief on his petition filed under 28 U.S.C. § 2254

(2000), and his motion to reconsider the order, and denying his

motion to reconsider the magistrate judge’s order denying his

motion to amend his pleading. We have reviewed the record and

conclude for the reasons stated by the district court that Gooden

has not made a substantial showing of the denial of a

constitutional right. See Gooden v. Braxton, No. CA-01-666-7 (W.D.

Va. Oct. 8, 2002; Dec. 18, 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