UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7573

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DERRICK THOMAS,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District Judge. (CR-93-168, CA-97-520)

Submitted: January 19, 1999 Decided: February 17, 1999

Before MURNAGHAN and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Derrick Thomas, Appellant Pro Se. Paul Alexander Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Derrick Thomas seeks to appeal the district court’s order

affirming the magistrate judge’s denial of his motion to amend and

judgment adopting the magistrate judge’s recommendation denying his

motion filed under

(West 1994 & Supp. 1998). We

have reviewed the record and the district court’s order and judg-

ment 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 United States v. Thomas, Nos. CR-93-168;

CA-97-520 (M.D.N.C. Sept. 25, 1997; Oct. 9, 1998). 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

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