UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7721

MAXIE D. EVANS, Petitioner - Appellant, versus

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; GERALDINE P. MIRO; CHARLIE CONDON, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Henry M. Herlong, Jr., District Judge. (CA-96-972-0-20BD)

Submitted: March 12, 1998 Decided: March 26, 1998

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Maxie D. Evans, Appellant Pro Se. Larry Cleveland Batson, Robert Eric Petersen, William Ansel Collins, Jr., SOUTH CAROLINA DEPART- MENT OF CORRECTIONS, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order denying relief on his petition filed under 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, we deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Evans v. South Carolina Dep't of Corr., No. CA-96- 972-0-20BD (D.S.C. Oct. 29, 1997). 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 deci- sional process.

DISMISSED