UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6598

THEODORE MORRIS FOUST, Petitioner - Appellant, versus ATTORNEY GENERAL OF NORTH CAROLINA; TALMADGE L. BARNETT, Respondents - Appellees.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. William L. Osteen, Sr., District Judge. (CA-95-172-2)

Submitted: October 3, 1996 Decided: October 10, 1996

Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Theodore Morris Foust, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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 habeas petition under 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal; to the extent a certificate of appealability is required, we deny such a certifi- cate. We dismiss the appeal on the reasoning of the district court.

Foust v. Attorney General, No. CA-95-172-2 (M.D.N.C. Mar. 27, 1996). 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