UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 97-7579

ISTIVAN CLEVONDON DOUGLAS,

Petitioner - Appellant,

versus

ATTORNEY GENERAL OF NORTH CAROLINA; M. L. POLK, III,

Respondents - Appellees.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Salisbury. James A. Beaty, Jr., Dis- trict Judge. (CA-96-744-4)

Submitted: October 8, 1998 Decided: October 21, 1998

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Istivan Clevondon Douglas, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Istivan Clevondon Douglas seeks to appeal the district court’s

order denying relief on his petition filed under

(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 appealability, deny Douglas’ motion for summary

judgment, and dismiss the appeal on the reasoning of the district

court. Douglas v. Attorney Gen., No. CA-96-744-4 (M.D.N.C. Oct. 7,

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 decisional process.

DISMISSED

2