UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-6612

WILLIAM H. SCOTT, III,

Petitioner - Appellant,

versus

RONALD J. ANGELONE, Director of the Virginia Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-96-971-2)

Submitted: February 3, 1998 Decided: February 18, 1998

Before MURNAGHAN, NIEMEYER, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William H. Scott, III, Appellant Pro Se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, 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Unpublished opinions are not binding precedent in this circuit.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

(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, we deny a certificate of ap- pealability and dismiss the appeal on the reasoning of the district

court. Scott v. Angelone, No. CA-96-971-2 (E.D. Va. Apr. 15, 1997). We deny Appellant's motion for appointment of counsel. We dispense

with oral argument because the facts and legal contentions are ade-

quately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

2