UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6836

AUTMUS PEEKS, Petitioner - Appellant, versus S. R. WITKOWSKI, Warden; CHARLES MOLONY CON- DON, 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. Falcon B. Hawkins, Chief District Judge. (CA-95-3557-2-11) Submitted: November 7, 1996 Decided: November 19, 1996 Before RUSSELL and WIDENER, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Autmus Peeks, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Lauri J. Soles, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South 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Unpublished opinions are not binding precedent in this circuit.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 petition filed 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 magis- trate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reason- ing of the district court. Peeks v. Witkowski, No. CA-95-3557-2-11 (D.S.C. Apr. 18, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the mate- rials before the court and argument would not aid the decisional process.

DISMISSED