UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-7794

WILLIAM LEWIS ALLEN, Petitioner - Appellant, versus

RALPH S. BEARDSLEY, Warden; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Florence. Henry M. Herlong, Jr., District Judge. (CA-95-3237-4-20)

Submitted: August 28, 1997 Decided: September 10, 1997

Before WILKINS, MICHAEL, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Lewis Allen, 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Unpublished opinions are not binding precedent in this circuit.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 28 U.S.C. § 2254 (1994) (current version at 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997)). We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Allen v. Beardsley, No. CA-95-3237-4-20 (D.S.C. Sept. 19, 1996). See Lindh v. Murphy, 521 U.S. ___, 1997 WL 338568 (U.S. June 23, 1997) (No. 96-6298). 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