UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-6009

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

ANTHONY A. BLAGROVE, a/k/a Tony, Defendant - Appellant.

Appeal from the United States District Court for the Eastern Dis- trict of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CR-95-52)

Submitted: June 17, 1999 Decided: June 22, 1999

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

Dismissed by unpublished per curiam opinion.

Anthony A. Blagrove, Appellant Pro Se. Laura Marie Everhart, As- sistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Anthony Blagrove seeks to appeal the district court’s order construing his petition filed pursuant to 28 U.S.C. § 2241 (1994) as a motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1999). 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 a certificate of appeal- ability and dismiss the appeal on the reasoning of the district court. See United States v. Blagrove, No. CR-95-52 (E.D. Va. Dec. 7, 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

* The district court order was filed December 4, 1998.