UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6768

GREGORY L. SMITH,

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-98-1425-2)

Submitted: November 4, 1999 Decided: November 9, 1999

Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Gregory L. Smith, 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Unpublished opinions are not binding precedent in this circuit.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:

Gregory L. Smith seeks to appeal the district court’s order

denying relief on his petition filed under

(West

1994 & Supp. 1999). 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 certif-

icate of appealability and dismiss the appeal on the reasoning of

the district court. See Smith v. Angelone, No. CA-98-1425-2 (E.D.

Va. May 21, 1999). We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-

rials before the court and argument would not aid the decisional

process.

DISMISSED

2