UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-6646

BERNARD DRAYTON, Petitioner - Appellant, versus UNITED STATES DEPARTMENT OF JUSTICE; UNITED STATES DISTRICT COURT, at Charleston, South Carolina; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Solomon Blatt, Jr., Senior District Judge. (CA-95-379-2-8AJ)

Submitted: December 14, 1995 Decided: January 4, 1996 Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bernard Drayton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the district court's opinion accepting the recom- mendation of the magistrate judge and find no reversible error.

Accordingly, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Drayton v. United States Dep't of Justice, No. CA-95-379-2-8AJ (D.S.C. Apr.

6, 1995). 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