UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7481

JAMES ROBINSON,

Petitioner - Appellant,

versus

ROBERT E. WARD, Warden; MICHAEL MOORE, Direc- tor of South Carolina Department of Correc- tions; CHARLES C. CONDON, Attorney General,

Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Charleston. Falcon B. Hawkins, Chief District Judge. (CA-97-3185-2-11)

Submitted: February 11, 1999 Decided: February 24, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Robinson, 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Unpublished opinions are not binding precedent in this circuit.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:

James Robinson seeks to appeal 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 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 Robinson v. Ward, No. CA-97-3185-2-11

(D.S.C. Sept. 18, 1998). We dispense with oral argument because

the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional

process.

DISMISSED

2