UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-7717

ROY GAREY LINDSEY, Petitioner - Appellant, versus

MICHAEL W. MOORE; CHARLES M. CONDON, Attorney General of the State of South Carolina, Respondents - Appellees.

Appeal from the United States District Court for the District of South Carolina, at Rock Hill. William B. Traxler, Jr., District Judge. (CA-96-126-10-21BD)

Submitted: March 31, 1999 Decided: July 29, 1999

Before WIDENER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Roy Garey Lindsey, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina; Robert Eric Petersen, William Ansel Collins, Jr., Byron Ronald Roberts, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant appeals 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 opin- ion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Lindsey v. Moore, No. CA-96- 126-10-21BD (D.S.C. July 30, 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.

AFFIRMED