UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6243

SAMUEL JAMES USSERY, Petitioner - Appellant, versus CHARLES HILL, Superintendent, Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of North Carolina, at Statesville. Graham C. Mullen, Dis- trict Judge. (CA-95-22-5-MU)

Submitted: June 20, 1996 Decided: July 1, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Samuel James Ussery, 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Unpublished opinions are not binding precedent in this circuit.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 appealability and dismiss the appeal on the reasoning of the district court. Ussery v. Hill, No. CA-95-22-5-MU (W.D.N.C. Nov. 30, 1995). We deny Appellant's motions for appointment of counsel and for general relief. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process.

DISMISSED