UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-6088

JOSEPH MICHAEL BURNS,

Petitioner - Appellant,

versus

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

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-93-283-N)

Submitted: September 26, 1995 Decided: January 11, 1996

Before WILKINSON and MOTZ, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Joseph Michael Burns, 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Unpublished opinions are not binding precedent in this circuit.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:

Appellant seeks to appeal the district court's orders denying

relief on his

(1988) petition and denying recon-

sideration thereof. We have reviewed the record and the district

court's opinions adopting in material part the magistrate judge's

recommendation and denying reconsideration and find no reversible error. Accordingly, we deny a certificate of probable cause to ap-

peal and dismiss the appeal on the reasoning of the district court.

Burns v. Angelone, No. CA-93-283-N (E.D. Va. Oct. 21 & Dec. 22, 1994). 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

2