UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6122

JAMES DALLAS TOLBERT, Petitioner - Appellant, versus

GEORGE DEEDS, Respondent - Appellee.

No. 97-6774

JAMES DALLAS TOLBERT, Petitioner - Appellant, versus GEORGE DEEDS, Respondent - Appellee.

Appeals from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-96-116-R) Submitted: August 5, 1997 Decided: September 16, 1997

Before WILKINS, NIEMEYER, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Dallas Tolbert, Appellant Pro Se. Richard Bain Smith, Assis- tant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: James Dallas Tolbert seeks to appeal, in No. 97-6122, the dis- trict court's order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the rec- ord and the district court's opinion and find no reversible error.

Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Tolbert v. Deeds, No. CA-96-116-R (W.D. Va. Dec. 23, 1996).

Turning to Tolbert's appeal in No. 97-6774, we note that this is an appeal from a post-judgment motion for the provision of records and transcripts to aid in preparation of the appeal in No. 97-6122. Because Tolbert appeals directly from the magistrate judge's order, we find that this Court lacks jurisdiction to consider the appeal. We therefore dismiss this appeal as well.* 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

* Even if we were to construe Tolbert's notice of appeal as a motion for production filed in this Court, we note that the record on appeal transmitted to this court appears to contain all the materials encompassed by Tolbert's request.