Rodriguez v. Angelone

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 26, 2003
• Docket: 02-7194
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-7194

JOSE JUAN RODRIGUEZ,

Petitioner - Appellant,

versus

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

Respondent - Appellee.

No. 02-7559

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

Appeals from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CA-01-900-2) Submitted: March 18, 2003 Decided: March 26, 2003

Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jose Juan Rodriguez, Appellant Pro Se. Leah Ann Darron, Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

2 PER CURIAM:

Jose Juan Rodriguez seeks to appeal the district court’s order

accepting the magistrate judge’s recommendation to deny relief on

his 28 U.S.C. § 2254 (2000) petition, as well as the court’s order

denying reconsideration. We have independently reviewed the record

and conclude that Rodriguez has not demonstrated that reasonable

jurists would find the district court’s assessment of his

constitutional claims, or the court’s procedural rulings, debatable

or wrong. See Miller-El v. Cockrell, U.S. , 2003 WL 431659,

at *10 (U.S. Feb. 25, 2003) (No. 01-7662); see also Slack v.

McDaniel, 529 U.S. 473, 484 (2000). Accordingly, we deny a

certificate of appealability and dismiss these appeals. 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