UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7628

CHARLES WAKEFIELD, JR., Petitioner - Appellant, versus

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS; CHARLES MOLONY CONDON, Attorney General of South Carolina, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Greenville. Solomon Blatt, Jr., Senior District Judge. (CA-97-2131-6-8AK)

Submitted: January 7, 1999 Decided: January 21, 1999

Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Wakefield, Jr., Appellant Pro Se. Donald J. 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Unpublished opinions are not binding precedent in this circuit.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: Charles Wakefield, Jr., seeks to appeal 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 magis- trate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the rea- soning of the district court. See Wakefield v. South Carolina Dep’t of Corrections, No. CA-97-2131-6-8AK (D.S.C. Oct. 20, 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