UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6861

DARRELL PRUITT,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; MICHAEL MOORE, Com- missioner; CHARLES M. CONDON, Attorney General of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Dennis W. Shedd, District Judge. (CA-95-2800-6-19AK)

Submitted: January 9, 1997 Decided: January 21, 1997

Before HALL and MICHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Darrell Pruitt, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, 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Unpublished opinions are not binding precedent in this circuit.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

(1994), amended by Antiterrorism and Effective Death Penalty Act of 1996,

Stat. 1214. We have reviewed the record and the

district court's order 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. Pruitt v. State of South Carolina, No.

CA-95-2800-6-19AK (D.S.C. Apr. 22, 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

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