UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6309

RICHARD JOHNSON, JR., Petitioner - Appellant, versus

RONALD J. ANGELONE, Director, Department of Corrections, Respondent - Appellee.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-98-756-3)

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Dismissed by unpublished per curiam opinion.

Richard Johnson, Jr., Appellant Pro Se. Richard Bain Smith, Assis- tant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Richard Johnson, Jr., 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. Accord- ingly, we deny Johnson’s motion for a certificate of appealability and dismiss the appeal on the reasoning of the magistrate judge.

See Johnson v. Angelone, No. CA-98-756-3 (E.D. Va. Feb. 16, 1999).

We dispense with oral argument because the facts and legal conten- tions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED

* The parties consented to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c) (1994).