UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7013

JAMES R. BYERS, Petitioner - Appellant, versus

RONALD J. ANGELONE, Director, Virginia Depart- ment of Corrections, Respondent - Appellee.

Appeal from the United States District Court for the Western Dis- trict of Virginia, at Roanoke. James C. Turk, District Judge. (CA-98-4-R)

Submitted: September 15, 1998 Decided: October 7, 1998

Before ERVIN, WILKINS, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James R. Byers, Appellant Pro Se. Hazel Elizabeth Shaffer, 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Unpublished opinions are not binding precedent in this circuit.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 R. Byers appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). 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. Byers v. Angelone, No. CA-98-4-R (W.D. Va. June 10, 1998).

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED