UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6711

ALFRED R. MCEACHIN,

Petitioner - Appellant,

versus

JAMES D. BEAM, Warden; CHARLES M. CONDON, Attorney General of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., District Judge. (CA-95-2342-6-20AK)

Submitted: January 23, 1997 Decided: January 31, 1997

Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alfred R. McEachin, 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Unpublished opinions are not binding precedent in this circuit.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:

Alfred R. McEachin seeks to appeal the district court's order

denying relief on his petition filed under

(West

1994 & Supp. July 1996, Pamphlet 2) and declining to reconsider

that order. 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

appealability and dismiss the appeal on the reasoning of the dis-

trict court. McEachin v. Beam, No. CA-95-2342-6-20AK (D.S.C. Mar. 25 & Apr. 16, 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

2