
    John James SCHMIDT, Petitioner-Appellant, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellee.
    No. 02-7630.
    United States Court of Appeals, Fourth Circuit.
    Submitted March 14, 2003.
    Decided March 25, 2003.
    David Bernard Hargett, Hargett & Watson, P.L.C., Richmond, Virginia, for Appellant. Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.
    Before WIDENER, WILLIAMS, and SHEDD, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM.

John James Schmidt seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his petition filed under 28 U.S.C. § 2254 (2000). We have independently reviewed the record and conclude that Schmidt has not made a substantial showing of the denial of a constitutional right. See Miller El v. Cockrell, 537 U.S. 322, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). 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.  