UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6222

WILLIAM MELBY, Petitioner - Appellant, versus

E. B. WRIGHT, Warden, Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-98-389)

Submitted: June 17, 1999 Decided: June 24, 1999

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

Dismissed by unpublished per curiam opinion.

William Melby, Appellant Pro Se. Donald Eldridge Jeffrey, III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: William Melby seeks to appeal the magistrate judge’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). We have reviewed the record and the magistrate judge’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the rea- soning of the magistrate judge. See Melby v. Wright, No. CA-98-389 (E.D. Va. Jan. 22, 1999). 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