UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-6678

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROJEAN MORGAN, a/k/a Yusef Shabazz, a/k/a Eli,

Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Greensboro. William L. Osteen, Sr., District Judge. (CR-92-57-G, CA-97-531-2)

Submitted: February 11, 1999 Decided: February 23, 1999

Before ERVIN, NIEMEYER, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rojean Morgan, Appellant Pro Se. Lisa Blue Boggs, 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Unpublished opinions are not binding precedent in this circuit.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:

Rojean Morgan seeks to appeal the district court’s order deny-

ing his motion 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 leave to proceed in

forma pauperis, deny a certificate of appealability and dismiss the

appeal on the reasoning of the district court. See United States

v. Morgan, Nos. CR-92-57-G; CA-97-531-2 (M.D.N.C. Apr. 20, 1998).

Morgan’s motion for appointment of counsel is denied. 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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