UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-8596

HENRY FRANK HARLESS, Petitioner - Appellant, versus EDWARD W. MURRAY, Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Cynthia D. Kinser, Magistrate Judge. (CA-95-308-R)

Submitted: May 16, 1996 Decided: June 3, 1996

Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dennis Eugene Jones, Lebanon, Virginia, for Appellant. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Vir- ginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant seeks to appeal the magistrate judge's* order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed the record and the magistrate judge's opinion and find no reversible error. Accordingly, we deny a certificate of appeal- ability and dismiss the appeal on the reasoning of the magistrate judge. Harless v. Murray, No. CA-95-308-R (W.D. Va. Nov. 29, 1995).

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

* The parties consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c)(2) (1988).