Goodmon v. Painter

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 16, 2002
• Docket: 02-7074
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7074

ROUNTREE RILEY GOODMON,

Petitioner - Appellant,

versus

HOWARD PAINTER,

Respondent - Appellee.

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph Robert Goodwin, District Judge. (CA-99-130-3)

Submitted: September 27, 2002 Decided: October 16, 2002

Before MOTZ, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rountree Riley Goodmon, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Rountree Riley Goodmon appeals 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

accepting the recommendation of the magistrate judge and conclude

that Goodmon’s claims are subject to dismissal because he failed to

seek authorization in this court pursuant to 28 U.S.C. §

2244(b)(3)(A) (2000), prior to filing his successive petition in

the district court. Tyler v. Cain, 533 U.S. 656, 667 (2001).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. 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