UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6834

ROBERT J. BARKLEY, SR., Petitioner - Appellant, versus WILLIAM DUNCIL, Respondent - Appellee.

Appeal from the United States District Court for the Northern Dis- trict of West Virginia, at Elkins. Robert Earl Maxwell, Senior District Judge. (CA-95-108)

Submitted: February 27, 1997 Decided: March 11, 1997

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Robert J. Barkley, Sr., Appellant Pro Se. Scott E. Johnson, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virgin- ia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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 Appellant's motion for a certificate of probable cause, deny a cer- tificate of appealability, and dismiss the appeal on the reasoning of the district court. Barkley v. Duncil, No. CA-95-108 (N.D.W. Va. Apr. 15, 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