UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7077

ROLANDO GUERRA, Petitioner - Appellant, versus

STATE OF SOUTH CAROLINA, Respondent - Appellee.

Appeal from the United States District Court for the District of South Carolina, at Florence. Dennis W. Shedd, District Judge. (CA-98-1150-4-19BE)

Submitted: March 11, 1999 Decided: March 17, 1999

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Rolando Guerra, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Rolondo Guerra 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 magistrate judge and find no reversible error. Accordingly, we deny his mo- tion to proceed in forma pauperis, deny a certificate of appeal- ability, and dismiss the appeal on the reasoning of the district court. See Guerra v. South Carolina, No. CA-98-1150-4-19BE (D.S.C. July 2, 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