UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6766

EDMOND LOWELL HANNAH, Plaintiff - Appellant, versus

UNITED STATES OF AMERICA, Defendant - Appellee.

Appeal from the United States District Court for the Southern Dis- trict of West Virginia, at Beckley. Elizabeth V. Hallanan, Senior District Judge. (CR-94-10, CA-97-459)

Submitted: October 20, 1998 Decided: November 4, 1998

Before WILKINS and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Edmond Lowell Hannah, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Edmond Lowell Hannah seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (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 leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court. Hannah v. United States, Nos. CR-94-10, CA-97-459 (S.D.W. Va. Mar. 20, 1998). The motion to supplement the record is granted. 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