Smith v. Warden, Nottoway, (4th Cir. 2002)

Docket Number: 02-6110

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UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 02-6110 THOMAS EARL SMITH, Petitioner - Appellant, versus

WARDEN, NOTTOWAY CORRECTIONAL CENTER, Respondent - Appellee. Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Claude M. Hilton, Chief

District Judge. (CA-00-1240-AM)

Submitted: June 11, 2002 Decided: August 5, 2002

Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas Earl Smith, Appellant Pro Se. Linwood Theodore Wells, Jr.,

Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM

Thomas Earl Smith seeks to appeal portions of the district court§ 2254 (West 1994 & Supp. 2001). Specifically, Smith challenges the denial of his claim that counsel was ineffective for failing to preserve for appeal a claim that the prosecution introduced irrelevant evidence and a claim that his conviction was obtained by prosecutorial misconduct. We have reviewed the record and the district courtÂ’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 Smith v. Warden, Nottoway Corr. Ctr. , No. CA-00-1240-AM (E.D. Va. filed Dec. 10, 2001 & entered Dec. 11, 2001). 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