UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6653

JERRY NATHAN DEAL,

Petitioner - Appellant,

versus

MICHAEL MOORE, SCDC Commissioner; CHARLES M. CONDON, Attorney General,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. William B. Traxler, Jr., District Judge. (CA-97-1676-0-21)

Submitted: December 8, 1998 Decided: January 13, 1999

Before WILLIAMS and KING, Circuit Judges, and HALL, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jerry Nathan Deal, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.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

Jerry Deal appeals 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 opin-

ion accepting the recommendation of the magistrate judge and find

no reversible error. Accordingly, we deny a certificate of appeal-

ability and dismiss the appeal on the reasoning of the district

court. Deal v. Moore, No. CA-97-1676-0-21 (D.S.C. Mar. 27, 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

2